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Confession of One of the Accused Person Against Another Person in Common and Islamic Law

Confession of One of the Accused Person Against Another Person in Common and Islamic Law

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DEDICATION

This research material, titled “Confession of One of the Accused Person Against Another Person in Common and Islamic Law” is dedicated to God for His boundless grace and guidance. It is also a tribute to all computer enthusiasts whose contributions made my research journey smoother and enriched my documentation process, making the experience truly fulfilling.



ACKNOWLEDGEMENT

I am profoundly grateful to everyone who contributed to the successful completion of this project. I am especially grateful to my Supervisor (Name), the Head of Department (Name), and the Lecturers in the Department of Common and Islamic Law for their invaluable guidance and support. I also acknowledge the contributions of authors and scholars whose works on Confession of One of the Accused Person Against Another Person in Common and Islamic Law provided essential insights. Special thanks go to my study area (and any funding organizations, if applicable) for their financial assistance. I am equally thankful to stakeholders, including mentors, teachers, and colleagues, for their encouragement and support. Finally, I deeply appreciate my family and friends for their patience and unwavering support throughout this journey. Your contributions have been instrumental in making this research a reality.



TABLE OF CONTENTS

PRELIMINARY PAGES

CHAPTER ONE

  • General Introduction
  • 1.0.0 Introduction
  • 1.1.0 Background To The Study
  • 1.2.0 Focus Of The Study
  • 1.3.0 Scope Of The Study
  • 1.4.0 Methodology
  • 1.5.0 Objective Of The Study
  • 1.6.0 Literature Review
  • 1.7.0 Definition Of Terms
  • 1.8.0 Conclusion

CHAPTER TWO

  • The Concept Of Confession In Common And Islamic Law
  • 2.0.0 Introduction
  • 2.1.0 Definition Of Confession
  • 2.1.1 Legal Basis Of Confession In Islamic Law
  • 2.1.2 Qur’An
  • 2.1.3 Sunnah
  • 2.1.4 Ijma
  • 2.2.0 Distinction Between Admission And Confession
  • 2.2.1 Nature Of Confession
  • 2.2.2 Voluntariness Of Confession
  • 2.2.3 Problems Of Interpretation Of Voluntariness
  • 2.3.0 Test Of Admissibility Of Confession
  • 2.3.1 Inducement
  • 2.3.2 Threat Or Promise
  • 2.3.3 Person In Authority
  • 2.3.4 Components Of Confession In Islamic Law (Arkanul-Al-Iqrar)
  • 2.3.5 Condition Of Validity Of Confession In Islamic Law (Shurut-Al-Iqrar)
  • 2.3.6 Indivisibility Of Confession
  • 2.3.7 Delay In Confession
  • 2.3.8 Quantum Of Confession
  • 2.3.9 Prior Complaint
  • 2.4.0 Confession Made After Threat Have Ceased To Exist
  • 2.4.1 Confession Made Under Of Secrecy Or Out Of Deception
  • 2.5.0 Confession Implicating A Co-Accused
  • 2.5.1 Tender Of Pardon To An Accomplice
  • 2.6.0 Fact Discovered In Consequence Of Information Given By The Accused
  • 2.7.0 Evidence In Order Proceeding Amounting To Confession
  • 2.8.0 Retraction From Confession In Islamic Law
  • 2.8.1. Effect Of Confession
  • 2.9.0 Conclusion

CHAPTER THREE

  • Confession Of One Of The Accused Person Against Another Person In Common And Sharia Law
    3.0.0 Introduction
  • 3.1.0 Position Of The Law On The Confession Of The Accused Against Another Person
  • 3.1.1 Evidence That Is Unlawfully Obtained From The Accused
  • 3.1.2 Right Of The Accused
  • 3.2.0 Relativity Of Confession In Common And Sharia Law
  • 3.3.0 The Distinction Between The Concept Of Confession In Common And Islamic Law
  • 3.4.0 Conclusion

CHAPTER FOUR

  • Applicability Of Confession Of One Of The Accused Person Against Another Person In Common And Islamic Law
  • 4.0.0 Introduction
  • 4.1.0 Applicability Under Common Law
  • 4.1.1 The Judges’ Rules
  • 4.1.2 Application Of The Judges’ Rules In Nigeria
  • 4.2.0 Judicial Discretion
  • 4.3.0 Applicability Under Islamic Law
  • 4.4.0 Conclusion

CHAPTER FIVE

  • Conclusion And Recommendation
  • 5.0.0 Conclusion
  • 5.1.0 Recommendation
  • BIBLIOGRAPHY

ABSTRACT

Under the two laws, confession is a statement by suspect in crime which is adverse to that person. It is a form of evidence that is acceptable because of its objectivities. Confessional statement is admissible in any proceedings as long as it is made to a person in authority and it is relevant to the matter in issue. Confession of an accused may be excluded if the person who made such statement was oppressed. The persons who can make confessions are the accused or co-defendant. Thus, a conviction could be based upon confessional statement of an accused.

Confession of one of the accused person against another, in common and Islamic law does not have practicable effect because confession as a principle of law is only used in the law of criminal evidence where by the statement of an accused strictly binds him alone and not his co-defendant except if the co-defendant adopt such statement that has been made by the accused, except this, the accused confessional statement cannot be used against any other person.

However, despite this similarity between the two concepts there are still areas of differences that linger on between the concepts.


Confession of One of the Accused Person Against Another Person in Common and Islamic Law

CHAPTER ONE

1.1 Introduction

… As a prelude to other parts of this study, this chapter will discuss the background upon which this study was initiated, the statement of problems that led to this study, the Aim and Objectives of the study. Others are Significance of the study, Scope of work, Research hypothesis and questions, Limitation of the study and Definition of technical terms.…

CHAPTER TWO

2.0 Literature Review

2.1 Introduction

This chapter focuses on the review of related literature. A literature review includes the current knowledge as well as theoretical and methodological contributions to a particular topic. It documents the state of the art with respect to the topic you are writing. It surveys the literature in the topic selected. In this research work the literature review includes the conceputal review, theoretical framework, the review of related literature …

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