Date of Award

2010

Thesis Type

Masters

Document Type

Dissertation

Divisions

Academy of Islamic Studies

Department

Department of Fiqh-Usul and Applied Sciences (formally known as Dept of Fiqh & Usul)

Institution

Universiti Malaya

Abstract

The dissertation is a comparison study between madhahib fiqhiyyah (Hanafi, Maliki, Shafe'i, Hanbali, Ja’fari) and the Iranian Civil Code with regards to confession of patient, bankrupt, infant, fool, and the confession of kinship. The study is theoretical, aiming at evaluating the influence of the Ja’fari’s and another four schools of jurisprudence (Hanafi, Maliki, Shafi'i and Hanbali) on the Iranian Civil Code. In addition, the study attempts to identify the similarities and differences between the four schools of Sunni and Shiah Ja’fari in confession in civil cases. It has been done by comparing civil issues between the four schools of Ahl al-Sunnah and al-Jaafari school, and then comparing with the Iranian Civil Code. Data related to the study has been collected from its original sources in the books of Islamic jurisprudence, especially those books which have been adopted by those schools of Islamic jurisprudence. The law materials of Iran on the subject of the confession were collected from the Iranian Civil Code Book and its explanation to be able to compare the views of the four schools of Ahlu-Sunnah together with the view of al-Ja’fari school and Iranian civil code. The study found that the confession is considered as a mean of proof in Islamic law and Iranian Civil Code, and can be defined as: “Recognition of rights of others on one self”. The study also revealed that the confession is not a construction but information. The study proved that the legitimacy of confession is proven by Qur'an and Sunnah, and is considered the strongest evidence to establish the rights of others and therefore called the master of evidence. It is a complete evidence which does not need to get proved and supported by other evidences to be a proof of a right; however, that argument is limited to the person alone. The study also found that the laws of confession in the Iranian Civil Code were mostly taken from al-Ja’fari jurisprudence except in three issues 1 - the definition of confession 2 – confession of the bankrupt 3 – the condition that the confession of others in parentage recognition is valid if the second party is unknown descent. The Iranian Civil Code has the similarity with one of the four schools of Ahl al-Sunnah, due to the similarity in the sources of provisions; i.e. Qoran and the Sunnah.

Initial

khm

Additional Information

Dissertation (M.A.) – Academy of Islamic Studies, Universiti Malaya, 2010.

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