Explanation of the Sudanese-Islamic Proof Law and its Judicial Applications

شرح قانون الإثبات الإسلامي السوداني وتطبيقاته القضائية / بدرية عبد المنعم حسونة.

حسونة، بدرية عبد المنعم ; Badria Hassouna, Abdel-Moneim (2000)


The judger need when judging, for the right holder to prove his rights in a way erected by the Islamic law, without this, the maltreated person cannot be justified or deterred. And because there is a disagreement in the Islamic jurisprudence about the freedom of the judger in proving and persuading, and this disagreement is built on the bases of explaining the meaning of testimony that the plaintiff has recourse to, to prove his suing, and the judger is committed to sentence. This book comes to introduce a detailed explanation of the law of Sudanese-Islamic proof from one side, and its judicial applications from another side. First, this book deals with the topic of the ground rules, which talks about them in some details, starting from the first rule and ending with ninth rule. Then it goes to the topic of testimony, clarifying its definition, terms and types. The book also talks about the topic of confession, as it clarifies its principle, pictures and reliability, and the situations of its inaccuracy. The book also addresses the testimony, showing its big importance for proving in the law, whereas the book focuses on a number of topics related to it, like the eligibility of testimony, how to prove the testimony by listening, the testimony of experts, libeling the testimony and repulsing it. In addition to the above, the book deals with the topic of documents by defining them, their types and reliability. Also talks about the topic of contextures and their roles of insuring the proof or defying it, like the legal contextures and their reliability, the testimony of blood and urine analyzing, police dog testimony, sound record testimony and other modern methods and the attitude of the Islamic law about those methods. Finally, the book talks about the reliability of the terms, oaths, preview and the boundary testimony, especially when proving crime of adultery and other kinds of daring suspicions.