Islamic Law and Broom’s Legal Maxims of Evidence: A comparative study in the context of present era

Abstract

In the system of justice, the settlement of cases and disputes is based on the 'Law of Witness' in the same way that the backbone of a human body provides support. Because the judgment of civil and criminal cases is based on the testimony of witnesses, if the Law of Witness is weak in any system of justice, then the demands of justice are either not fulfilled or are complicated, leading to a lengthy process that causes significant financial and emotional harm to both parties. Therefore, it is essential that the law of any country reflects its fundamental principles and beliefs. If this is not the case, the citizens of that country will become disconnected from their fundamental principles and their lives will be in conflict with them. This situation is extremely disastrous for any country. This comparative study examines the principles of evidence in Islamic law and Broom's legal maxims of evidence, with a focus on their relevance in the present era. Islamic law, based on the Quran and the Hadith, provides a comprehensive framework for gathering and evaluating evidence in legal proceedings. Broom's legal maxims, on the other hand, are a set of principles that have been developed over time to guide the evaluation of evidence in common law systems. Despite their differences, both systems share a common goal of ensuring justice and fairness in the administration of law. The study begins by reviewing the principles of evidence in Islamic law, including the concept of "hujjah" (evidence) and the importance of "shahada" (witness testimony). It also examines Broom's legal maxims, including the principles of "nemo audiatur propria vocem" (no one should be heard on their own behalf) and "nemo judicatur propria causa" (no one should be judged on their own behalf). The study then conducts a comparative analysis of the two systems, highlighting areas of convergence and divergence. It also explores the implications of these differences for the administration of justice in different legal systems.

In conclusion, this study demonstrates that both Islamic law and Broom's legal maxims of evidence share a commitment to ensuring justice and fairness in the administration of law. However, their differences in approach and emphasis reflect fundamental differences in their underlying philosophical and theological frameworks. As such, this study provides valuable insights for lawyers, scholars, and policymakers seeking to understand and navigate the complex issues surrounding evidence and justice in different legal systems.