Confessions under Malaysian and Islamic law: A comparative evaluation
A valid confession is the most valuable and reliable evidence in the possession of the prosecution. This is especially where the available circumstantial evidence is not cogent and compelling in such a way as to link the accused to with the commission of the crime. Consequently, the law enforceme...
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| Format: | Article |
| Language: | English |
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INSI Publications
2012
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| Online Access: | http://irep.iium.edu.my/28842/ http://irep.iium.edu.my/28842/1/Confessions_under_Malaysian_and_Islamic_Law_A_Comparative_Evaluation.pdf |
| _version_ | 1848780019824852992 |
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| author | Shair Mohamad, Mohd Akram |
| author_facet | Shair Mohamad, Mohd Akram |
| author_sort | Shair Mohamad, Mohd Akram |
| building | IIUM Repository |
| collection | Online Access |
| description | A valid confession is the most valuable and reliable evidence in the possession of the
prosecution. This is especially where the available circumstantial evidence is not cogent and
compelling in such a way as to link the accused to with the commission of the crime. Consequently,
the law enforcement agents usually try to get a confession of the accused to prove their cases. Many
methods are thus used to retrieve such evidence including but not limited to coercion. However, what
amounts to confessions is not that an easy task. The court plays an important such in the admissibility
of confessions. Based on this, the makes a comparative evaluation of confessions under the Malaysian
and Islamic law perspectives. It uses many case laws, verses of the Qur’an and Sunnah of the Prophet
(s.a.w.) and opinions of scholars to make the legal evaluation. It finds that though both systems have
different approaches to confessions, the hallmark of admissibility of confessions in the two systems is
its voluntariness. |
| first_indexed | 2025-11-14T15:27:01Z |
| format | Article |
| id | iium-28842 |
| institution | International Islamic University Malaysia |
| institution_category | Local University |
| language | English |
| last_indexed | 2025-11-14T15:27:01Z |
| publishDate | 2012 |
| publisher | INSI Publications |
| recordtype | eprints |
| repository_type | Digital Repository |
| spelling | iium-288422013-02-13T03:07:45Z http://irep.iium.edu.my/28842/ Confessions under Malaysian and Islamic law: A comparative evaluation Shair Mohamad, Mohd Akram KBP Islamic Law KPG Malaysia A valid confession is the most valuable and reliable evidence in the possession of the prosecution. This is especially where the available circumstantial evidence is not cogent and compelling in such a way as to link the accused to with the commission of the crime. Consequently, the law enforcement agents usually try to get a confession of the accused to prove their cases. Many methods are thus used to retrieve such evidence including but not limited to coercion. However, what amounts to confessions is not that an easy task. The court plays an important such in the admissibility of confessions. Based on this, the makes a comparative evaluation of confessions under the Malaysian and Islamic law perspectives. It uses many case laws, verses of the Qur’an and Sunnah of the Prophet (s.a.w.) and opinions of scholars to make the legal evaluation. It finds that though both systems have different approaches to confessions, the hallmark of admissibility of confessions in the two systems is its voluntariness. INSI Publications 2012 Article PeerReviewed application/pdf en http://irep.iium.edu.my/28842/1/Confessions_under_Malaysian_and_Islamic_Law_A_Comparative_Evaluation.pdf Shair Mohamad, Mohd Akram (2012) Confessions under Malaysian and Islamic law: A comparative evaluation. Australian Journal of Basic and Applied Sciences, 6 (11). pp. 22-48. ISSN 1991-8178 http://www.ajbasweb.com/ajbas/2012/Special%20oct/22-48.pdf |
| spellingShingle | KBP Islamic Law KPG Malaysia Shair Mohamad, Mohd Akram Confessions under Malaysian and Islamic law: A comparative evaluation |
| title | Confessions under Malaysian and Islamic law: A comparative evaluation |
| title_full | Confessions under Malaysian and Islamic law: A comparative evaluation |
| title_fullStr | Confessions under Malaysian and Islamic law: A comparative evaluation |
| title_full_unstemmed | Confessions under Malaysian and Islamic law: A comparative evaluation |
| title_short | Confessions under Malaysian and Islamic law: A comparative evaluation |
| title_sort | confessions under malaysian and islamic law: a comparative evaluation |
| topic | KBP Islamic Law KPG Malaysia |
| url | http://irep.iium.edu.my/28842/ http://irep.iium.edu.my/28842/ http://irep.iium.edu.my/28842/1/Confessions_under_Malaysian_and_Islamic_Law_A_Comparative_Evaluation.pdf |