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Volume :26 Issue : 84 2011      Add To Cart                                                                    Download

Affirmation system in Islamic criminal Fiqh and the modern means followed in

Auther : Dr. Asma Ahmed Salem AL-Oweis

Affirmation system in Islamic criminal Fiqh and  the modern means followed in

United Arab Emirates.

Dr. Asma Ahmed Salem AL-Oweis

 Prof. Assistant in the faculty of Islamic and Arabic studies in DubaI UAE.

Praise be to Allah the lord of the worlds and blessings and peace be on our prophet Mohammed, His relatives and companions.

 There are difficulties about affirmation with witnesses and admission in our present time. As oppression increased and rights of others have been violated. Trustful people who are true witnesses are fewer than before. There is more dependence circumstantial evidences to prove crimes and guide to criminals in most parts of the world. Some of these evidences can be fully true specially basics of Islamic Fiqh of crimes do not forbid taking affirmation modern means.

I have defined affirmation in Islamic Fiqh and in secular law, showed its importance and the means of shariah criminal affirmation as :witness, admission, eyewitness, oath. I showed in this research hard work means in affirming criminal case in comparison with the laws of the Emirates as blood proceeding, swearing and circumstant.

ial evidences in Islamic Fiqh and secular law and section of evidences and the role of modern means in discovering crimes. I finished my research with a number of recommendations such like : using modern equipment and nonstop at theoretical knowledge but to see new means and benefit from them. This requires that the judge should always search in the field of affirming the right. I pray Allah may guide us and help us in understanding religion. Plessings and peace be on our Prophet Mohammed, his relatives and companions.    

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Nov 04, 2019

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