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ANALYSIS OF THE MEANS OF PROOF IN CIVIL LITIGATION UNDER ISLAMIC LAW

ANALYSIS OF THE MEANS OF PROOF IN CIVIL LITIGATION UNDER ISLAMIC LAW

CHAPTER ONE
GENERAL INTRODUCTION
1.1 Introduction
Islamic law (Shariah) is a divine law which is believed and considered by Muslims to be
the most complete and comprehensive code of conduct deriving its source from the
Glorious Qur’an which contains all aspects of life in this world and the hereafter. The
Glorious Qur’an it is also the primary source of Islamic Law devoid of any distortion,
manipulation, interpolation and not subject to human alteration as Allah the Lawgiver
has taken unto Himself the responsibility of protecting the integrity of the Glorious
Qur’an . Allah (SWT) in chapter 15:9 says: “verily, is He who have sent down the Dhikr
(i.e. the Qur’an) and surely, We will guard it (from corruption)”

Therefore, the Islamic Law is perfect, just and fair for all places and times and treats all
human conduct with equality and justice, be it civil or criminal in nature and also lays
down the procedures and manner of proving all allegations. Being the divinely revealed
law, Islamic law seeks a number of temporal and spiritual goals, the most important of
which is the pursuit of justice. Both the Glorious Qur’an and the Sunnah of the Holy
Prophet (PBUH) repeatedly demand justice and condemn injustice; hence, rendering
justice attracts reward and occasioning injustice attracts punishment.

Islamic law has laid great stress on the evidence to prove the facts relevant for the
judgement of a court. Unless it is proved beyond reasonable doubt that the accused has
committed the crime or the defendant, has violated the right of the plaintiff, the court
cannot give judgement against the accused or the defendant. The Holy Prophet (PBUH)
said, “if people would be given what they claim (without evidence), some persons would
claim other people’s blood and properties, but it is obligatory on the claimant to
produce evidence.”

The Glorious Qur’an has made it imperative for a witness to give evidence and not to
conceal it especially when he is summoned by a court for it. It has laid down the
criterion for evidence for different crimes and rights as well as of the witness. The
Sunnah of the Holy Prophet (PBUH) also gives Supreme importance to the evidence
produced in the court of justice. The disputants are given full freedom to present their
cases and set forth their points of view.
Detail inquiries and investigations were conducted to bring to the knowledge of the
courts the real circumstances leading to the commission of the offences. The ultimate
reliance for the decision of the case was made on the apparent evidence.

How to get complete project materials


Step 1: make payment of N2,000 to the below bank details


NAME:                       TITUS AYANI SOLA
BANK:                       FIRST BANK PLC
ACCT NO:                  3111741042
ACCOUNT TYPE:       SAVINGS
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STEP 2: AFTER PAYMENT SEND THE PROJECT TOPIC AND YOUR EMAIL ADDRESS TO 08063666753

Updated: 7th November 2018 — 8:07 pm

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