Hearing ‎ Testimony in English Law

This research aims to compare the hearing testimony of English law with hearing testimony in Islamic Sharia. The article uses comparative ‎analytical descriptive method by ‎comparing English law as a basis ‎with Islamic law. ‎The data were collected from secondary data extracted from books, scienti...

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Bibliographic Details
Main Author: Wael M. Jalaluldeen
Format: Article
Language:Arabic
Published: Cihan University-Erbil 2023-03-01
Series:Cihan University-Erbil Journal of Humanities and Social Sciences
Subjects:
Online Access:https://journals.cihanuniversity.edu.iq/index.php/cuejhss/article/view/800
Description
Summary:This research aims to compare the hearing testimony of English law with hearing testimony in Islamic Sharia. The article uses comparative ‎analytical descriptive method by ‎comparing English law as a basis ‎with Islamic law. ‎The data were collected from secondary data extracted from books, scientific journal, and websites. the result showed that the testimony on hearing is not in place of the incident to be proven, but rather the ‎opinion of the people in this incident. Also, English law defines several types of testimony on hearing, the most important of which ‎are: ‎ Oral testimony on hearing, certificate written on the auscultation, and certification of tolerance through a specific behavior.‎ The reserch provide some recommendations including the adoption of the testimony of tolerance in the Iraqi Evidence Law, in the manner of Islamic ‎Sharia and by proposing a legal article as:‎ It is permissible to accept the testimony of what people hear, in cases of lineage, death, ‎and marriage, and in what the witness did not suffer. Finally, the witness’s testimony is accepted if he is told by two just men, or a man and two ‎women, who he trusts. ‎
ISSN:2707-6342