Abstract
Legally speaking, an oath (Al-Yamin) is regarded as a part of the legal mechanism of proving the innocence of the offender by virtue of the Islamic jurisprudence as a whole. In fact, in order to be admissible in the eyes of the judicial institutions, there are certain guidelines and procedures to be fulfilled by the parties accordingly. Indeed, from the Islamic legal point of view, swearing an oath must be in accordance with the realisation of benefits to the people, concerning their affairs both in this world and the hereafter, particularly as an essential element of protecting dignity. Thus, this paper is aimed at analysing the concept of an oath by virtue of Islamic jurisprudence (Usul Fiqh). On the other hand, this paper will observe the relevance of an oath as a part of the evidences from the Islamic Law of Evidence. It is hoped that, throughout this paper, there will be a better understanding pertaining to the status of an oath to prove the facts which are relevant for the judgement of a court accordingly.
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Notes
- 1.
- 2.
Wahbah al-Zuhaili, Al-Fiqh al-Islami Wa Adillatuhu, v. 4, Dar al-Fikr, 2004, p. 2442.
- 3.
- 4.
Ibid.
- 5.
Dr. Muhammad Muhsin Khan, The Translation of Meanings of Sahih Bukhari, Darussalam Publishers and Distributors, 1964, V. 8, p. 329 [3].
- 6.
Ibid.
- 7.
Ibid, p. 339.
- 8.
Syeikh Sayyid Sabiq, Fiqh us-Sunnah Translation in English, Millat Book Centre, v. IV, 1964, p. 130 [4].
- 9.
- 10.
Ibid, p. 22.
- 11.
The Mejelle was the civil code of the Ottoman Caliphate and is considered to be the first attempt to codify Islamic Law. In recent decades many research works have been undertaken to examine the provisions contained in the Mejelle and the extent of compatibility to the current civil codes of many Muslim countries. Today the Mejelle is used as one of the main sources of the study of Islamic Law in institutions of higher learning. This new reprint appeals not only to academics but also practitioners. A duty is cast on those learned in the law to explore the vast area of the development of Islamic Law, through the centuries after the Hijrah in order to bring out the essential principles on which the edifice of law rests. The Mejelle (Majallah el-Ahkam-i-Adilya) was elaborated between 1869 and 1875 as part of the legislative purpose of the Tanzimat and based on the Hanafi law of Fiqh.
- 12.
The Mejelle, Section VI, Appendix, is about administering an oath to a witness.
- 13.
Ibid, p. 130.
- 14.
Ibid, pp. 130 and 131.
- 15.
Opcit, Muhammad Sabri bin Haron, p. 56.
- 16.
Ibid, p. 57.
- 17.
Ibid.
References
Anwarullah, A. (1999). The principles of evidence in Islam. Kuala Lumpur: A.S Noordeen.
Harun, M. S. (1993). al-Yamin (The Oath) in Islam and its application in the Syariah Courts in Malaysia. Kuala Lumpur: IIUM Dissertation.
Khan, M. M. (1964). The translation of meanings of Sahih Bukhari (Vol. 8). New Delhi: Darussalam Publishers and Distributors.
Sabiq, S. S. (1964). Fiqh us-Sunnah translation in English (Vol. IV). New Delhi: Millat Book Centre.
Laldin, M. A. (2006). Islamic law an introduction. Kuala Lumpur: International Islamic University Malaysia.
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Malek, M.S.M.A., Jeniwaty, M.J., Sulaiman, M., Harun, S.M. (2015). In the Purview of an Oath from the Jurisprudential Method of Islamic Law of Evidence. In: Omar, R., Bahrom, H., de Mello, G. (eds) Islamic perspectives relating to business, arts, culture and communication. Springer, Singapore. https://doi.org/10.1007/978-981-287-429-0_42
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