In the purview of an oath from the jurisprudential method of Islamic law of evidence / Mohd Ab Malek Md Shah … [et al.]

Md Shah, Mohd Ab Malek and Mohd Jody, Jeniwaty and Mahzan, Sulaiman and Shahudin, Mohd Harun (2014) In the purview of an oath from the jurisprudential method of Islamic law of evidence / Mohd Ab Malek Md Shah … [et al.]. In: International Conference on Islamic Business, Art, Culture & Communication (ICIBACC 2014). Division of Research and Industry Linkages, UiTM Melaka, Alor Gajah, p. 51.

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
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
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