قرائن الإثبات الجنائي بين الفقه الإسلامي والقانون المالديفي : دراسة مقارنة /
This research is a comparative study of Islamic Jurisprudence and Maldivian juristic law on criminal presumptive evidence. The study examines presumptions and its importance in proving crimes and surfacing serious crimes and its culprits that have been, in many case of ambiguity, gone missing and be...
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| Format: | Thesis |
| Language: | Arabic |
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Kuala Lumpur :
Kulliyyah Ma'arif al-Wahy wa al-'Ulum al-Insaniyah, al-Jami'ah al-Islamiyah al-'Alamiyah bi Maliziya,
2009
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| Online Access: | http://studentrepo.iium.edu.my/handle/123456789/9100 |
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| Summary: | This research is a comparative study of Islamic Jurisprudence and Maldivian juristic law on criminal presumptive evidence. The study examines presumptions and its importance in proving crimes and surfacing serious crimes and its culprits that have been, in many case of ambiguity, gone missing and become difficult for the judges to identify the perpetrators. In addition, the emphasis has been given to highlight the important role of Islamic Jurists and the Islamic legacy on criminal presumptive evidence in identification of criminals, and the superiority of Islamic Sharia over man-made laws. In this study, the researcher has rested on various jurisdictions of the subject matters scatted as chapters and discussions in numerous available resources and references. In this regard, two research methodologies have been employed, one of which is inductive method in which related texts and the views of jurists have been collected, while the analytical method has been utilized to study the juristic texts and the views of jurists with comparison to Maldivian juristic law. More importantly, this study has concluded that the criminal presumptive evidence is evidently proven by the text of Quran and Sunnah and confirm its legality as a means of establishing criminal evidence. Further more, this study has concluded that the newly found presumptive evidence and its unfolded reality, and the way of employing it as a mean of criminal proof by comparing with the principles of Sharia and Maldivian juristic law in order to find out the Islamic rule of law in the application of modern methodology of establishing juristic evidence, and the competence of Islamic Sharia to establish justice and equilibrium and providing peace and security in the society is an established fact. |
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| Item Description: | Abstracts in English and Arabic. "Bahth takmili muqaddam li-nayl darjat al-majistir fi Ma'arif al-Wahy wa-al-Turath (al-Fiqh wa Usul al-Fiqh)" -- On t.p. |
| Physical Description: | [xi], 135 leaves ; 30 cm. |
| Bibliography: | Includes bibliographical references (leaves 125-135). |