ABSTRACT

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.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.However, despite this similarity between the two concepts there are still areas of differences that linger on between the concepts.

TABLE OF CONTENTS 

ABSTRACT

TABLE OF CONTENTS

TABLE OF CASES

TABLE OF STATUTES

LIST OF ABBREVIATIONS

CHAPTER ONE

GENERAL INTRODUCTION

1.0.0 INTRODUCTION

1.1.0 BACKGROUND TO THE STUDY

1.2.0 FOCUS OF THE STUDY

1.3.0 SCOPE OF THE STUDY

1.4.0 METHODOLOGY

1.5.0 OBJECTIVE OF THE STUDY

1.6.0 LITERATURE REVIEW

1.7.0 DEFINITION OF TERMS

1.8.0 CONCLUSION

CHAPTER TWO

THE CONCEPT OF CONFESSION IN COMMON AND ISLAMIC LAW

2.0.0 INTRODUCTION

2.1.0 DEFINITION OF CONFESSION

2.1.1   LEGAL BASIS OF CONFESSION IN  ISLAMIC LAW

2.1.2     QUR’AN

2.1.3      SUNNAH

2.1.4    IJMA

2.2.0 DISTINCTION BETWEEN ADMISSION  AND CONFESSION

2.2.1     NATURE OF CONFESSION

2.2.2     VOLUNTARINESS OF  CONFESSION

2.2.3   PROBLEMS OF INTERPRETATION OF VOLUNTARINESS

2.3.0    TEST OF ADMISSIBILITY OF  CONFESSION

2.3.1  INDUCEMENT

2.3.2  THREAT OR PROMISE

2.3.3  PERSON IN AUTHORITY

2.3.4  COMPONENTS OF CONFESSION IN  ISLAMIC LAW  (ARKANUL-AL-IQRAR)

2.3.5   CONDITION OF VALIDITY OF CONFESSION  IN ISLAMIC LAW   (SHURUT-AL-IQRAR)

2.3.6    INDIVISIBILITY OF CONFESSION

2.3.7     DELAY IN CONFESSION

2.3.8  QUANTUM OF CONFESSION

2.3.9  PRIOR COMPLAINT

2.4.0 CONFESSION MADE AFTER THREAT  HAVE CEASED TO EXIST

2.4.1     CONFESSION MADE UNDER    OF SECRECY OR OUT OF DECEPTION

2.5.0    CONFESSION IMPLICATING A  CO-ACCUSED

2.5.1     TENDER OF PARDON TO AN ACCOMPLICE

2.6.0 FACT DISCOVERED IN CONSEQUENCE OF INFORMATION GIVEN  BY THE ACCUSED

2.7.0 EVIDENCE IN ORDER PROCEEDING  AMOUNTING TO CONFESSION

2.8.0 RETRACTION FROM CONFESSION  IN ISLAMIC LAW

2.8.1.   EFFECT OF CONFESSION

2.9.0    CONCLUSION

CHAPTER THREE

CONFESSION OF ONE OF THE ACCUSED PERSON AGAINST ANOTHER PERSON IN COMMON AND SHARIA LAW3.0.0 INTRODUCTION

3.1.0 POSITION OF THE LAW ON THE CONFESSION OF THE ACCUSED AGAINST ANOTHER PERSON

3.1.1 EVIDENCE THAT IS UNLAWFULLY OBTAINED FROM THE ACCUSED

3.1.2     RIGHT OF THE ACCUSED

3.2.0     RELATIVITY OF CONFESSION IN COMMON AND  SHARIA LAW

3.3.0  THE DISTINCTION BETWEEN THE CONCEPT OF CONFESSION IN COMMON  AND ISLAMIC LAW

3.4.0      CONCLUSION

CHAPTER FOUR

APPLICABILITY OF CONFESSION OF ONE OF THE ACCUSED PERSON AGAINST ANOTHER PERSON IN COMMON AND ISLAMIC LAW