Abstract
Legally speaking, an oath (Al-Yamin) is regarded as a part of the legal mechanism of proving the innocence of the offender by virtue of the Islamic jurisprudence as a whole. In fact, in order to be admissible in the eyes of the judicial institutions, there are certain guidelines and procedures to be fulfilled by the parties accordingly. Indeed, from the Islamic legal point of view, swearing an oath must be in accordance with the realization of benefits to the people, concerning their affairs both in this world and in the hereafter particularly as an essential element of protecting dignity. Thus, this paper is aimed at analyzing the concept of an oath by virtue of Islamic jurisprudence (usul fiqh). On the other hand, this paper will observe the relevancy of an oath as a part of the evidences from the Islamic law of evidence. It is hoped that; throughout this paper, there will be a better understanding pertaining to the status of an oath to prove the facts which are relevant for the judgment of a court accordingly.
Metadata
Item Type: | Book Section |
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Creators: | Creators Email / ID Num. Md Shah, Mohd Ab Malek malek625@bdrmelaka.uitm.edu.my Mohd Jody, Jeniwaty jenhvaty@bdrmelaka.uitm.edu.my Mahzan, Sulaiman sulaiman@melaka.uitm.edu.my Shahudin, Mohd Harun harun025@bdrmelaka.uitm.edu.my |
Subjects: | K Law > K Law in general. Comparative and uniform law. Jurisprudence K Law > KBP Islamic law. Sharī'ah. Fiqh |
Divisions: | Universiti Teknologi MARA, Melaka > Bahagian Penyelidikan dan Jaringan Industri, UiTM Melaka |
Event Title: | International Conference on Islamic Business, Art, Culture & Communication (ICIBACC 2014) |
Event Dates: | 26 - 27 |
Page Range: | p. 51 |
Keywords: | Oath; Evidence; Jurisprudence; Legal mechanism |
Date: | 2014 |
URI: | https://ir.uitm.edu.my/id/eprint/54404 |