Confession of one of the accused person against another person in common and islamic law
Table Of Contents
- ABSTRACTTABLE OF CONTENTSTABLE OF CASESTABLE OF STATUTESLIST OF ABBREVIATIONSCHAPTER ONEGENERAL INTRODUCTION1.
- 0.0INTRODUCTION1.
- 1.0BACKGROUND TO THE STUDY1.
- 2.0FOCUS OF THE STUDY1.
- 3.0SCOPE OF THE STUDY1.
- 4.0METHODOLOGY1.
- 5.0OBJECTIVE OF THE STUDY1.
- 6.0LITERATURE REVIEW1.
- 7.0DEFINITION OF TERMS1.
- 8.0CONCLUSIONCHAPTER TWOTHE CONCEPT OF CONFESSION IN COMMON AND ISLAMIC LAW2.
- 0.0INTRODUCTION2.
- 1.0DEFINITION OF CONFESSION2.
- 1.1 LEGAL BASIS OF CONFESSION IN ISLAMIC LAW2.
- 1.2 QUR’AN2.
- 1.3 SUNNAH2.
- 1.4 IJMA2.
- 2.0DISTINCTION BETWEEN ADMISSION AND CONFESSION2.
- 2.1 NATURE OF CONFESSION2.
- 2.2 VOLUNTARINESS OF CONFESSION2.
- 2.3 PROBLEMS OF INTERPRETATION OF VOLUNTARINESS2.
- 3.0 TEST OF ADMISSIBILITY OF CONFESSION2.
- 3.1INDUCEMENT2.
- 3.2THREAT OR PROMISE2.
- 3.3PERSON IN AUTHORITY2.
- 3.4COMPONENTS OF CONFESSION IN ISLAMIC LAW (ARKANUL-AL-IQRAR)2.
- 3.5 CONDITION OF VALIDITY OF CONFESSION IN ISLAMIC LAW (SHURUT-AL-IQRAR)2.
- 3.6 INDIVISIBILITY OF CONFESSION2.
- 3.7 DELAY IN CONFESSION2.
- 3.8QUANTUM OF CONFESSION2.
- 3.9PRIOR COMPLAINT2.
- 4.0CONFESSION MADE AFTER THREAT HAVE CEASED TO EXIST2.
- 4.1 CONFESSION MADE UNDER OF SECRECY OR OUT OF DECEPTION2.
- 5.0 CONFESSION IMPLICATING A CO-ACCUSED2.
- 5.1 TENDER OF PARDON TO AN ACCOMPLICE2.
- 6.0FACT DISCOVERED IN CONSEQUENCE OF INFORMATION GIVEN BY THE ACCUSED2.
- 7.0EVIDENCE IN ORDER PROCEEDING AMOUNTING TO CONFESSION2.
- 8.0RETRACTION FROM CONFESSION IN ISLAMIC LAW2.8.
- 1. EFFECT OF CONFESSION2.
- 9.0 CONCLUSIONCHAPTER THREECONFESSION OF ONE OF THE ACCUSED PERSON AGAINST ANOTHER PERSON IN COMMON AND SHARIA LAW 3.
- 0.0INTRODUCTION3.
- 1.0POSITION OF THE LAW ON THE CONFESSION OF THE ACCUSED AGAINST ANOTHER PERSON3.
- 1.1EVIDENCE THAT IS UNLAWFULLY OBTAINED FROM THE ACCUSED3.
- 1.2 RIGHT OF THE ACCUSED3.
- 2.0 RELATIVITY OF CONFESSION IN COMMON AND SHARIA LAW3.
- 3.0THE DISTINCTION BETWEEN THE CONCEPT OF CONFESSION IN COMMON AND ISLAMIC LAW3.
- 4.0 CONCLUSIONCHAPTER FOURAPPLICABILITY OF CONFESSION OF ONE OF THE ACCUSED PERSON AGAINST ANOTHER PERSON IN COMMON AND ISLAMIC LAW4.
- 0.0INTRODUCTION4.
- 1.0APPLICABILITY UNDER COMMON LAW4.
- 1.1THE JUDGES’ RULES4.
- 1.2APPLICATION OF THE JUDGES’ RULES IN NIGERIA4.
- 2.0JUDICIAL DISCRETION4.
- 3.0APPLICABILITY UNDER ISLAMIC LAW4.
- 4.0CONCLUSIONCHAPTER FIVECONCLUSION AND RECOMMENDATION5.
- 0.0CONCLUSION5.
- 1.0RECOMMENDATIONBIBLIOGRAPHYARTICLES ON THE INTERNETBOOKS.
Thesis Abstract
Under the two laws, confession is a statement by suspect in crime which is adverse to that person. It is a form of evidence that is acceptable because of its objectivities. Confessional statement is admissible in any proceedings as long as it is made to a person in authority and it is relevant to the matter in issue. Confession of an accused may be excluded if the person who made such statement was oppressed. The persons who can make confessions are the accused or co-defendant. Thus, a conviction could be based upon confessional statement of an accused.
Confession of one of the accused person against another, in common and Islamic law does not have practicable effect because confession as a principle of law is only used in the law of criminal evidence where by the statement of an accused strictly binds him alone and not his co-defendant except if the co-defendant adopt such statement that has been made by the accused, except this, the accused confessional statement cannot be used against any other person.
However, despite this similarity between the two concepts there are still areas of differences that linger on between the concepts.
Thesis Overview
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