Publication: Sumpah Nafy Al-'ilmi Menurut Undang-undang Keterangan Islam Di Malaysia
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Date
2021
Journal Title
Journal ISSN
Volume Title
Publisher
Intelligentia Resources
Abstract
Oaths are generally a method of proof agreed upon by scholars. In addition, the oath is a unique method of proof due to its division, the long scholarly debate and has a variety of terms even though they have almost the same meaning. Oaths are not only enforced as evidence in court, in fact it is also an out-of-court practice that sometimes becomes a confusion between evidence and common practice. In fact, an oath that has its significance in court and being executed in court after fulfilling its conditions. This paper discusses several issues including the concept of oath such as definition, legislation, and conditions of oath according to Islamic law and legislation. The main aim of this paper is to explain the concept and practice of "Nafyi al-`Ilmi Oath" and its practice according to Islamic Evidence Law in Malaysia. The oath of Nafyi al-`Ilmi is very rarely discussed in the ‘Arahan Amalan Sumpah Mahkamah Syariah 2006’ and is adopted in Syariah Courts in Malaysia. This paper also discusses the status of the Nafyi al-`Ilmi oath as evidence and is the Nafyi al-`Ilmi Oath considered as oath of al-Tauthiq or al-Ihtiat.
Description
Vol. 2, No. 2, 2021( pages: 25-37)
Keywords
evidence, proof, oath, Yamin al-Nafy, Shariah law
Citation
Wan Ismail, W. A. F., Hashim, H., Mamat, Z., Abdul Mutalib, L., Baharuddin, A. S., & Jusof, N. (2021). Sumpah Nafy Al-’Ilmi Menurut Undang-Undang Keterangan Islam Di Malaysia: Nafy Al-‘Ilmi Oath According to Islamic Law of Evidence in Malaysia. AL-MAQĀṢID The International Journal of Maqāṣid Studies and Advanced Islamic Research, 2(2), 25–37. https://doi.org/10.55265/almaqasid.v2i2.11