ABSTRACT

TABLE OF CONTENTS

TABLE OF CASES

TABLE OF STATUTES

LIST OF ABBREVIATIONS

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 LAW3.0.0 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