- The Complete Research Material is averagely 177 pages long and it is in Ms Word Format, it has 1-5 Chapters.
- Major Attributes are Abstract, All Chapters, Figures, Appendix, References.
- Study Level: BTech, BSc, BEng, BA, HND, ND or NCE.
- Full Access Fee: ₦7,000
Get the complete project »
ABSTRACT
It is natural and common in human society to have between individuals a kind of
dispute that may probably arise. Islamic Law had laid down and provides the
procedures through which such dispute can be judicially determined. Nigerian
Courts are enjoined to apply principles and Rules enunciated by Makili School of
jurisprudence.
Complete application of Islamic law of Evidence in Nigeria has been limited and
most of the texts on Islamic law of Evidence are classical and written in Arabic
language. The rules of Islamic law of Evidence pronounced by the classical books
are yet to be comprehensively codified to guide Nigerian Courts in conducting trials.
Regrettably the poor level of knowledge of Islamic law of Evidence rules among
lawyers and the lower courts judges has led to erroneous appreciation and
application of the rules.
The scope to be covered by this research is: the sources of Islamic law of Evidence,
the cardinal principles governing the use of testimony, the application of testimony
as means of Proof in Establishing both Criminal and Civil Cases. The research
methodology of the thesis is doctrinal and analytical.
In the course of the research, some findings or observations were made. The
research found that there is no clear distinction between substantive and procedural
law in Islamic Law and most of the texts on the subject are written in classical
Arabic which is technical in nature. The jurisdiction of Shari‟a Court of Appeal in
Nigeria is limited to Islamic personal Status. Suggestions were made in the research
as proffered solutions to the enumerated findings/observations.
CHAPTER ONE
GENERAL INTRODUCTION
1.1 Background of the Study
The word Testimony means: the evidence of a witness usually given in court and
usually under oath.1The first source of the proof of a crime or a right in islamic law
is SHAHADA i.e Testimony literally means: information of what one has witnessed
or seen or beheld with his eyes, declaration of what one knows, decisive
information, it also means to be present.
Technically means: to give true information before a competent court of law what
one has seen or known for the purpose of proving or disproving a right or crime.2
The law of evidence encompasses the rules and legal principles that govern the proof
of facts in a legal proceeding, these rules determine what evidence must or must not
be considered by the trier of fact in reaching its decision and sometimes the weight
that may be given to that evidence.
The law of evidence is also concerned with the quantum (amount) quality of proof is
how reliable such evidence should be considered. This includes such concepts as
hearsay authentication, admissibility, reasonable doubt and clear and convincing
evidence.
There are several types of evidence, depending on the form or source, evidence
governs the use of testimony (e.g oral or written statements, such asaffidavit),
exhibits (e.g physical objects), documentary material, or demonstrative evidence
1. Bone, S., Osborn’s Concise Law Dictionary, Sweet and Maxwell, London, 2001, p.376. 2. Cowdhury, A., The Islamic Law of Evidence, Kitab Bhavan, New Delhi, India, 2006, p.19.
1
which are admissible i.e allowed to be considered by the trier of fact, such as jury in
a judicial or administrative proceedings, e.g a court of law when a dispute whether
relating to a civil or criminal matter, reaches the court there will always be a number
of issues which one party will have to prove in order to persuade the court to decide
in his favour.The law must ensure certain guidelines are set out in order to ensure
that evidence presented to the court can be regarded as trustworthy.
In Nigerian law the rule of corroboration in criminal cases requires that there must
be two pieces of evidence, to prove each essential fact, eventhough this
corroboration requirement is no longer applies in civil cases with the exception of
some areas of family law, such as divorce, when another individual not party to the
marriage must act as witness.
Also in nigerian law, evidence that would otherwise be admissible at trial may be
excluded at the discretion of the trial judge if it would be unfair to the defendant to
admit it.Evidence of a confession may be excluded because it was obtained by
oppression or because the confession was made in consequence of anything said or
done to the defendant that would be likely to make the confession unreliable. In
these circumstances, it would be open to the trial judge to exclude the evidence of
the confession.
Further the authentication requirement has import primarily in jury trials, if evidence
of authencity is lacking in a bench trial, the trial judge will simply dismiss the
evidence as unpersuasive or irrelevant.
In systems of proof based on the Nigerian law almost all evidence must be
sponsored by a witness, who has sworn or solemnly affirmed to tell the truth. The
2
bulk of the law of evidence regulates the types of evidence that may be sought from
witnesses and the manner in which the interrogation of witness is conducted such as
during direct examination and cross of witnesses.
Other types of evidentiary rules specify the standards of persuation (e.g proof
beyond a reasonable doubt) that a trier of fact whether judge must apply when it
assesses evidence.
Today all persons are presumed to be qualified to serve as witnesses in trials and
other legal proceedings and all persons are also presumed to have legal obligation to
serve as witnesses if their testimony is sought. However legal rules sometimes
exempt people from the obligation to give evidence and legal rules disqualify people
from serving as witnesses under some circumstances.
Witness competence rules are legal rules that specify circumstances under which
You either get what you want or your money back. T&C Apply
You can find more project topics easily, just search
-
SIMILAR LAW FINAL YEAR PROJECT RESEARCH TOPICS
-
1. APPRAISAL OF THOMAS HOBBES IDEA OF SOCIAL CONTRACT
» CHAPTER ONE INTRODUCTION Background of Study Social contract theory, nearly as old as philosophy itself, is the view that persons' moral and/or politi...Continue Reading »Item Type & Format: Project Material - Ms Word | 39 pages | Instant Download | Chapter 1-5 | LAW DEPARTMENT
-
2. EMPLOYERS LIABILITY IN CONTRACTS OF EMPLOYMENT IN NIGERIA
» ABSTRACT The contract of employment has assigned duties and rights both under common law and statutes to the employer and employee. The law will fail ...Continue Reading »Item Type & Format: Project Material - Ms Word | 108 pages | Instant Download | Chapter 1-5 | LAW DEPARTMENT
-
3. THE LAND USE ACT OF 1978 APPRAISAL, PROBLEMS AND PROSPECTS.
» ABSTRACT The Land Use Act as a single piece of legislation which came into force on 29th March, 1978 has generated more controversy than any piece of ...Continue Reading »Item Type & Format: Project Material - Ms Word | 52 pages | Instant Download | Chapter 1-5 | LAW DEPARTMENT
-
4. AN APPRAISAL OF THE LEGAL FRAMEWORK OF THE NATIONAL EMERGENCY MANAGEMENT AGENCY (NEMA) IN THE PROTECTION AND ASSISTANCE OF INTERNALLY DISPLACED PERSON...
» ABSTRACT This thesis entitled: “An Appraisal of the Legal Framework of the National Emergency Management Agency (NEMA) in the Protection and Assista...Continue Reading »Item Type & Format: Project Material - Ms Word | 61 pages | Instant Download | Chapter 1-5 | LAW DEPARTMENT
-
5. LEGAL REMEDIES FOR VICTIMS OF ENVIRONMENTAL POLLUTION IN NIGERIA
» ABSTRACT Environment pollution of different dimension has caused a lot of havocs to the health and wealth of some Nigerians. To this end, the study ex...Continue Reading »Item Type & Format: Project Material - Ms Word | 110 pages | Instant Download | Chapter 1-5 | LAW DEPARTMENT
-
6. TORTIOUS LIABILITY OF MEDICAL PRACTITIONERS IN NIGERIA: AN APPRAISAL
» ABRSTRACT This thesis entitled, "Tortious Liability of Medical Practitioners in Nigeria: An Appraisal," Examines critically, the civil (tortious) Liab...Continue Reading »Item Type & Format: Project Material - Ms Word | 157 pages | Instant Download | Chapter 1-5 | LAW DEPARTMENT
-
7. JOINT VENTURE AGREEMENTS AS A TOOL FOR REVITALIZING NIGERIA'S SOLID MINERALS SUB SECTOR
» ABSTRACT 1. Statement The contribution of solid minerals to the Gross Domestic Product (GDP) and Foreign Exchange earnings of the country has been on ...Continue Reading »Item Type & Format: Project Material - Ms Word | 372 pages | Instant Download | Chapter 1-5 | LAW DEPARTMENT
-
8. AN OVERVIEW OF THE NIGERIAN POLICE AND THE INTERNATIONAL STANDARD OF POLICING
» CHAPTER ONE GENERAL INTRODUCTION 1.0 Introduction In most countries, it has been accepted that democracy is the only system of government that seeks t...Continue Reading »Item Type & Format: Project Material - Ms Word | 52 pages | Instant Download | Chapter 1-5 | LAW DEPARTMENT
-
9. AN ANALYSIS OF THE APPLICATION OF THE DOCTRINE OF COMPACT UNDER THE NIGERIAN MILITARY LAW
» ABSTRACT This research titled: Analysis of the Doctrine of Compact under the Nigerian Military Law is concerned about the legal status of a soldier up...Continue Reading »Item Type & Format: Project Material - Ms Word | 268 pages | Instant Download | Chapter 1-5 | LAW DEPARTMENT
-
10. LEGAL REDRESS FOR VICTIMS OF GENDER BASED VIOLENCE IN NIGERIA
» TABLE OF STATUTES Criminal Code 2004 Constitution of the Federal Republic of Nigeria 1999 The Penal Code The Ciminal Procedure Act Evidence Act 2011 U...Continue Reading »Item Type & Format: Project Material - Ms Word | 155 pages | Instant Download | Chapter 1-5 | LAW DEPARTMENT