Hearing Testimony in English Law
Comparative Study with Islamic Sharia
Abstract
This research aims to compare the hearing testimony of English law with hearing testimony in Islamic Sharia. The article uses comparative analytical descriptive method by comparing English law as a basis with Islamic law. The data were collected from secondary data extracted from books, scientific journal, and websites. the result showed that the testimony on hearing is not in place of the incident to be proven, but rather the opinion of the people in this incident. Also, English law defines several types of testimony on hearing, the most important of which are: Oral testimony on hearing, certificate written on the auscultation, and certification of tolerance through a specific behavior. The reserch provide some recommendations including the adoption of the testimony of tolerance in the Iraqi Evidence Law, in the manner of Islamic Sharia and by proposing a legal article as: It is permissible to accept the testimony of what people hear, in cases of lineage, death, and marriage, and in what the witness did not suffer. Finally, the witness’s testimony is accepted if he is told by two just men, or a man and two women, who he trusts.
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