Confession of one of the accused person against another person in common and islamic law

 

Table Of Contents


  • <p> </p><p>ABSTRACT</p><p>TABLE OF CONTENTS</p><p>TABLE OF CASES</p><p>TABLE OF STATUTES</p><p>LIST OF ABBREVIATIONS</p><p><strong>

Chapter ONE

INTRODUCTION

  • </strong></p><p>GENERAL INTRODUCTION</p><p>1.
  • 0.0INTRODUCTION</p><p>1.
  • 1.0BACKGROUND TO THE STUDY</p><p>1.
  • 2.0FOCUS OF THE STUDY</p><p>1.
  • 3.0SCOPE OF THE STUDY</p><p>1.
  • 4.0METHODOLOGY</p><p>1.
  • 5.0OBJECTIVE OF THE STUDY</p><p>1.
  • 6.0LITERATURE REVIEW</p><p>1.
  • 7.0DEFINITION OF TERMS</p><p>1.
  • 8.0CONCLUSION</p><p><strong>

Chapter TWO

LITERATURE REVIEW

  • </strong></p><p>THE CONCEPT OF CONFESSION IN COMMON AND ISLAMIC LAW</p><p>2.
  • 0.0INTRODUCTION</p><p>2.
  • 1.0DEFINITION OF CONFESSION</p><p>2.
  • 1.1&nbsp; LEGAL BASIS OF CONFESSION IN ISLAMIC LAW</p><p>2.
  • 1.2&nbsp; &nbsp; QUR’AN</p><p>2.
  • 1.3&nbsp; &nbsp; SUNNAH</p><p>2.
  • 1.4&nbsp; &nbsp;IJMA</p><p>2.
  • 2.0DISTINCTION BETWEEN ADMISSION AND CONFESSION</p><p>2.
  • 2.1&nbsp; &nbsp; NATURE OF CONFESSION</p><p>2.
  • 2.2&nbsp; &nbsp; VOLUNTARINESS OF CONFESSION</p><p>2.
  • 2.3&nbsp; PROBLEMS OF INTERPRETATION OF VOLUNTARINESS</p><p>2.
  • 3.0&nbsp; TEST OF ADMISSIBILITY OF CONFESSION</p><p>2.
  • 3.1INDUCEMENT</p><p>2.
  • 3.2THREAT OR PROMISE</p><p>2.
  • 3.3PERSON IN AUTHORITY</p><p>2.
  • 3.4COMPONENTS OF CONFESSION IN ISLAMIC LAW (ARKANUL-AL-IQRAR)</p><p>2.
  • 3.5&nbsp; CONDITION OF VALIDITY OF CONFESSION IN ISLAMIC LAW &nbsp; (SHURUT-AL-IQRAR)</p><p>2.
  • 3.6&nbsp; INDIVISIBILITY OF CONFESSION</p><p>2.
  • 3.7&nbsp; &nbsp; DELAY IN CONFESSION</p><p>2.
  • 3.8QUANTUM OF CONFESSION</p><p>2.
  • 3.9PRIOR COMPLAINT</p><p>2.
  • 4.0CONFESSION MADE AFTER THREAT HAVE CEASED TO EXIST</p><p>2.
  • 4.1&nbsp; &nbsp; CONFESSION MADE UNDER &nbsp; OF SECRECY OR OUT OF DECEPTION</p><p>2.
  • 5.0&nbsp; &nbsp;CONFESSION IMPLICATING A CO-ACCUSED</p><p>2.
  • 5.1&nbsp; &nbsp; TENDER OF PARDON TO AN ACCOMPLICE</p><p>2.
  • 6.0FACT DISCOVERED IN CONSEQUENCE OF INFORMATION GIVEN BY THE ACCUSED</p><p>2.
  • 7.0EVIDENCE IN ORDER PROCEEDING AMOUNTING TO CONFESSION</p><p>2.
  • 8.0RETRACTION FROM CONFESSION IN ISLAMIC LAW</p><p>2.8.
  • 1.&nbsp; EFFECT OF CONFESSION</p><p>2.
  • 9.0&nbsp; CONCLUSION</p><p><strong>

Chapter THREE

RESEARCH METHODOLOGY

  • </strong></p><p>CONFESSION OF ONE OF THE ACCUSED PERSON AGAINST ANOTHER PERSON IN COMMON AND SHARIA LAW<br>3.
  • 0.0INTRODUCTION</p><p>3.
  • 1.0POSITION OF THE LAW ON THE CONFESSION OF THE ACCUSED AGAINST ANOTHER PERSON</p><p>3.
  • 1.1EVIDENCE THAT IS UNLAWFULLY OBTAINED FROM THE ACCUSED</p><p>3.
  • 1.2&nbsp; &nbsp; RIGHT OF THE ACCUSED</p><p>3.
  • 2.0&nbsp; &nbsp; RELATIVITY OF CONFESSION IN COMMON AND SHARIA LAW</p><p>3.
  • 3.0THE DISTINCTION BETWEEN THE CONCEPT OF CONFESSION IN COMMON AND ISLAMIC LAW</p><p>3.
  • 4.0&nbsp; &nbsp; CONCLUSION</p><p><strong>

Chapter FOUR

DATA PRESENTATION AND ANALYSIS

  • </strong></p><p>APPLICABILITY OF CONFESSION OF ONE OF THE ACCUSED PERSON AGAINST ANOTHER PERSON IN COMMON AND ISLAMIC LAW</p><p>4.
  • 0.0INTRODUCTION</p><p>4.
  • 1.0APPLICABILITY UNDER COMMON LAW</p><p>4.
  • 1.1THE JUDGES’ RULES</p><p>4.
  • 1.2APPLICATION OF THE JUDGES’ RULES IN NIGERIA</p><p>4.
  • 2.0JUDICIAL DISCRETION</p><p>4.
  • 3.0APPLICABILITY UNDER ISLAMIC LAW</p><p>4.
  • 4.0CONCLUSION</p><p><strong>

Chapter FIVE

SUMMARY, CONCLUSION AND RECOMMENDATIONS

  • </strong></p><p>CONCLUSION AND RECOMMENDATION</p><p>5.
  • 0.0CONCLUSION</p><p>5.
  • 1.0RECOMMENDATION</p><p>BIBLIOGRAPHY</p><p>ARTICLES ON THE INTERNET</p><p>BOOKS.</p> <br><p></p>

Project Abstract

<p> 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.<br>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.<br>However, despite this similarity between the two concepts there are still areas of differences that linger on between the concepts. <br></p>

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