AN ANALYSIS OF THE USE OF TESTIMONY AS A MEANS OF PROOF IN NIGERIA

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AN ANALYSIS OF THE USE OF TESTIMONY AS A MEANS OF PROOF IN NIGERIA

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.

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