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Relevant bibliographies by topics / Burden of proof (Islamic law)

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Academic literature on the topic 'Burden of proof (Islamic law)'

Author: Grafiati

Published: 26 July 2024

Last updated: 31 July 2025

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Journal articles on the topic "Burden of proof (Islamic law)"

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Abdullah, Abdullah, and Muhammad Hatta. "The Application of the Burden of Proof Concept in Indonesia: A Comparative Study." SASI 28, no. 3 (2022): 458. http://dx.doi.org/10.47268/sasi.v28i3.1045.

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Introduction: One of the reasons for a reverse proof system is the difficulty of proving the offenses committed by certain perpetrators of a criminal offense, such as corruption and money laundering. Thus, the government issues the legal policy to apply a reverse burden of proof to solve this problem.Purposes of the Research: This study aims to analyze the application of the reverse burden of proof in Indonesian and Islamic criminal law.Methods of the Research: This research is legalistic, doctrinal, or normative, using a comparative law approach to compare the application of a reverse burden

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Prayitno, Ahmad Hadi, Achmad Arifulloh, Toni Triyanto, Setiawan Widiyoko, and Moh Aris Siswanto. "Reversed Burden of Proof in the Procedural Law of Corruption Cases: A Normative Study of Justice and Legal Certainty in Positive and Islamic Law." Jurnal Ilmiah Mizani: Wacana Hukum, Ekonomi Dan Keagamaan 12, no. 1 (2025): 376. https://doi.org/10.29300/mzn.v12i1.8182.

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This study examines the reversed burden of proof in the procedural law of corruption cases in Indonesia, focusing on its compatibility with the principles of justice and legal certainty from both positive and Islamic legal perspectives. The method used is normative legal research with a comparative approach between national positive law regulations and Islamic legal principles. The findings show that the reverse burden of proof in Indonesia, as regulated in positive law, is an important tool to combat corruption by shifting the burden of proof to the defendant to prove that their wealth is not

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Hatta, Muhammad. "Ratio Legis Penerapan Beban Pembuktian Terbalik Di Indonesia." Istinbath : Jurnal Hukum 18, no. 1 (2021): 76–103. http://dx.doi.org/10.32332/istinbath.v18i1.3288.

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The reverse proof is the burden of proof to the suspect of a crime. In principle, the application of the reversed burden of proof is against the universal law of proof and is not following the presumption of innocence. However, the reverse burden of proof contained in the Law on the Eradication of Criminal Acts of Corruption, and the Law on the Prevention and Eradication of the Crime of Money Laundering, with a Legis Ratio of the two types of crimes classified as white color crimes, and extraordinary crimes, is right. Because it can be ascertained that, when the verification process takes plac

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Musthofa, Moh Ahza Ali, Burhanudin Harahap, and Hari Purwadi. "Shifting the Burden: Reverse Proof in Shirkah under Islamic Law." Greenation International Journal of Law and Social Sciences 3, no. 1 (2025): 17–24. https://doi.org/10.38035/gijlss.v3i1.369.

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This study examines the concept of reverse burden of proof in musharakah dispute resolution in Indonesia. Musharakah, as a profit and loss sharing-based Islamic economic instrument, faces the challenge of information imbalance between active and passive partners, which disadvantages passive partners in proving loss disputes. This normative research uses statutory, conceptual, and case study approaches to court decisions. The results show that Fatwa DSN-MUI No. 105/DSN-MUI/X/2016 introduces a new norm that allows the manager to guarantee the return of capital if the loss is caused by negligence

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S, Suaidi. "Formulasi Sistem Pembuktian Terbalik Tindak Pidana Korupsi di Indonesia dalam Perspektif Hukum Islam." Al-Adillah: Jurnal Hukum Islam 1, no. 2 (2021): 63–76. http://dx.doi.org/10.61595/aladillah.v1i2.203.

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Corruption have widespread and even became a culture of Indonesia that the government set up a new system, known as Reversal Burden Of Proof. Even though the model is considered to be contrary to the fundamental principle of the rule of law, but in Islamic law and the evidence, it is legally seen as a necessity to eradicating corruption. It is based on the demands and the welfare of Reversal Burden Of Proof Formulation.

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Mustapa, Ilham, Hadenan Towpek, Rafeah Saidon, and Mohd Syahiran Abdul Latif. "PENENTUAN BEBAN PEMBUKTIAN DALAM PENGHAKIMAN KES FASAKH: APLIKASI MENGIKUT UNDANG-UNDANG ISLAM Determination of the Burden of Proof in Fasakh Judgments: Application According to Islamic Law." JOURNAL OF SHARIAH LAW RESEARCH 10, no. 1 (2025): 63–88. https://doi.org/10.22452/jslr.vol10no1.4.

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Abstract This article examines the concept and application of the burden of proof in fasakh cases based on Islamic fiqh and Shariah law in Malaysia. This study employs a qualitative approach by analyzing classical fiqh texts, legal provisions, and Shariah court judgments to assess how the burden of proof is applied in fasakh cases. Findings indicate that the burden of proof does not always rest with the plaintiff; in certain circumstances, the defendant bears this burden when asserting facts that contradict the original state (al-aṣl), apparent facts (al-ẓāhir), or customary practices (al-‘āda

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Khalid, Nasirullah. "Presumption of Innocence in the Islamic Law." Volume-3: Issue- 1 (January) 3, no. 1 (2021): 11–16. http://dx.doi.org/10.36099/ajahss.3.1.2.

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The principle of the Presumption of Innocence is one of the main principles of all modern legal systems. It is also an important right of the accused mentioned in the human rights documents. The principle simply means that an accused considered innocent until proved guilty by a competent court. Using the descriptive-analytical method, this article studies this principle from the Islamic Law perspective exploring its meaning, basis, and exceptions. The article finds that Islamic law recognizes this principle in its highest sources, That are the Holy Quran and Hadith (sayings and actions of the

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Mamedov, Yusif. "Islamic criminal procedure law: human rights issues." Grani 23, no. 10 (2020): 47–57. http://dx.doi.org/10.15421/172092.

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It has been established that harsh Islamic punishments are practically not applied due to the high burden of proof and the need to involve an exhaustive number of witnesses. It has been proven that the Islamic criminal justice system provides the accused with basic guarantees. It is noted that according to Sharia, Islamic crimes are divided into three categories: Hadd, Qisas and Tazir. It is noted that Islamic criminal law provides that the accused is not guilty if his guilt is not proven. It is noted that equality before the law is one of the main legal principles of the Islamic criminal mode

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M., Zeki. "İslâm Hukukunda Dinî Hükümleri Hafifleten Umûmü'l-Belvâ." Hikmet Yurdu Düşünce - Yorum Sosyal Bilimler Araştırma Dergisi 13, no. 26 (2020): 195–235. https://doi.org/10.5281/zenodo.3820256.

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Sharia (Islamic law) does not assign obligants responsibility above their powers; on the contrary, it wishes to ease their lives and responsibilities. In this context, the principle of convenience is among the fundamental principles of Islam. It is possible for people to encounter various distress and hardships that they cannot keep away from and common among them such as cleaning, prayer and commerce. It is necessary to ease or remove provisions by managing the principle of convenience to relieve people from such hardship like umûmü’l-belvâ (public issue). There are pro

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Tsinaridze, Tinatin. "The Importance of the Burden of Proof and Evidence in Discrimination Disputes." International Journal of Social Sciences 5, no. 1 (2025): 64–94. https://doi.org/10.55367/phcw7419.

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Freedom and equality are constitutional principles that underpin the rule of law. This paper examines civil proceedings in discrimination disputes, focusing on the allocation of the burden of proof, the challenges faced by victims of discrimination in gathering evidence, and relevant international practices. It also examines the role of the Public Defender in adjudicating discrimination cases, particularly through the submission of amicus curiae opinions, and analyzes the significance and positive procedural implications of their admissibility in civil proceedings. Under current legislation, t

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Dissertations / Theses on the topic "Burden of proof (Islamic law)"

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PIAZZA, LAURA. "The burden of proof in WTO law and practice." Doctoral thesis, Università Bocconi, 2009. https://hdl.handle.net/11565/4053861.

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Omer, A. Ibrahim. "Proof in Islamic law with special reference to the Sudan." Thesis, SOAS, University of London, 1986. http://ethos.bl.uk/OrderDetails.do?uin=uk.bl.ethos.309374.

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Salazar, Juan Carlos. "The burden of proof of the air cargo claimant under international law /." Thesis, McGill University, 1999. http://digitool.Library.McGill.CA:80/R/?func=dbin-jump-full&object_id=30323.

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The air cargo industry is evolving rapidly, as is its international law regime. The recent entry into force of the Montreal Protocol No. 4 and adoption of the Convention for the Unification of Certain Rules for International Carriage by Air signed at Montreal on 28 May 1999 constitutes a new legal framework for air cargo claims.<br>Rather than offering definite answers, this thesis identifies some current and emerging issues in the law of air cargo claims, particularly those aspects that the claimant must prove. The work traces the development of the Warsaw System by writers and courts, and at

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Salazar, Juan Carlos. "The burden of proof of the air cargo claimant under international law." Thesis, National Library of Canada = Bibliothèque nationale du Canada, 2000. http://www.collectionscanada.ca/obj/s4/f2/dsk2/ftp03/MQ64299.pdf.

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Rowback, Jillian. "The role of individual differences in explaining the acceptability of prosecutorial misconduct." View thesis online, 2009. http://docs.rwu.edu/psych_thesis/3/.

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Baldini, Renato Ornellas. "Distribuição dinâmica do ônus da prova no direito processual do trabalho." Universidade de São Paulo, 2013. http://www.teses.usp.br/teses/disponiveis/2/2138/tde-05122013-093647/.

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O presente trabalho estuda a aplicação da teoria da distribuição dinâmica do ônus da prova no Direito Processual do Trabalho. Analisa, inicialmente, os impactos das novas demandas trabalhistas e das modernas teorias do Direito Processual no Direito Processual do Trabalho. Aborda o ônus da prova em seus aspectos gerais, definindo conceito de prova, conceitos e distinções entre ônus, obrigação e dever e conceito de ônus da prova, analisando a evolução teórica e o perfil dogmático da distribuição do ônus da prova, a estrutura funcional do ônus da prova (ônus da prova subjetivo e ônus da prova obj

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Pires, Líbia da Graça. "Teoria da distribuição dinâmica do ônus da prova no processo do trabalho." Universidade de São Paulo, 2011. http://www.teses.usp.br/teses/disponiveis/2/2138/tde-04052012-101854/.

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Esta tese aborda a distribuição do ônus da prova no processo trabalhista pretendendo a aplicação da teoria da distribuição dinâmica do onus probandi neste ramo processual especial. Na primeira parte do trabalho são examinadas questões relativas aos direitos fundamentais, bem assim aos princípios constitucionais processuais, com relevo especial ao direito constitucional à prova. Na sequência serão estudadas as matérias relativas ao ônus da prova na teoria geral do processo, suas dimensões, os poderes instrutórios do juiz, a teoria clássica da distribuição do ônus da prova, bem assim as especifi

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Howard, Ryan Michael. "A clarification of the use of multiple regression analysis in meeting the burden of proof in compensation discrimination litigation." Thesis, Stellenbosch : Stellenbosch University, 2005. http://hdl.handle.net/10019.1/50238.

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Thesis (MComm)--University of Stellenbosch, 2005.<br>ENGLISH ABSTRACT: The new set of employment equity laws call for South African organisations to justify their compensations systems. During compensation discrimination litigation, evidence is required to support arguments put before the court in order to meet the burden of proof. The similarity between foreign and domestic legal systems, suggests that the operational implications of foreign legislation will also be relevant to South Africa. This raises the debate as to the nature of fairness in the compensation context, the debate of

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Garavaglia, M. "LA RIPARTIZIONE DELL'ONERE DELLA PROVA NEGLI ORDINAMENTI DI COMMON LAW." Doctoral thesis, Università degli Studi di Milano, 2017. http://hdl.handle.net/2434/488126.

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In the first chapter («La natura dell’onere della prova») it is carried out a preliminary survey on the most important theoretical principles of the allocation of the burden of proof in the common law systems. After an introduction on the material facts, in the second section («La bipartizione dell’onere della prova in burden of persuasion e burden of production») it is pointed out that the burden of proof concept is divided into two separate burdens: the burden of persuasion and the burden of production. In the third and in the fourth chapter it is carried out an in depth analysis of both the

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Rulevičiūtė, Indrė. "Įrodinejimo pareiga ir dalykas civiliniame pocese." Master's thesis, Lithuanian Academic Libraries Network (LABT), 2007. http://vddb.library.lt/obj/LT-eLABa-0001:E.02~2007~D_20070101_135640-66588.

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SUMMARY Subsantial questions of legal regulation of burden of proof and the matter of proof in civil procedure are being discussed in this master‘s writing. The work deals both with disclosing the legal regulation of burden of proof and the matter of proof in actual civil procedure, and analyzing the main theoretical and practical aspects of these questions in more details. The structure of this work enables to reveal the essence of this theme. The work consists of two parts. Whereas from the begining of the civil procedure, first of all, it is important to define which facts are disputed

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Books on the topic "Burden of proof (Islamic law)"

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Shafi, Ansari Mohd, ed. Law relating to burden of proof. Rajasthan Law House, 1986.

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L, Twining William, and Stein Alex 1957-, eds. Evidence and proof. New York University Press, 1992.

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Ibrahim, Hamid. Civil proceedings: Burden & standard of proof. Gavel Publications, 2012.

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Chaturvedi, Gopal S. C.D. Field's commentary on law on burden of proof. 2nd ed. Delhi Law House, 2002.

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Palmer, Andrew. Proof: How to analyse evidence in preparation for trial. 2nd ed. Lawbook Co., 2010.

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Huefner, Dixie S. Burden of proof under the Individuals with Disabilities Act. LRP Publications, 1993.

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Kokott, Juliane. The burden of proof in comparative and international human rights law: Civil and common law approaches with special reference to the American and German legal systems. Kluwer Law International, 1998.

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Macnair, Michael R. T. The law of proof in early modern equity. Duncker & Humblot, 1999.

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Klami, Hannu Tapani. Todistusharkinta ja todistustaakka: Johdatus todistusoikeuden perusteisiin. Lakimiesliiton kustannus, 1987.

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Rodríguez, Godofredo Loli. La carga probatoria: En materia civil y procesal civil. 2nd ed. Editora Fecat, 2000.

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Book chapters on the topic "Burden of proof (Islamic law)"

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Song, Meixian. "Burden and standard of proof." In Causation in Insurance Contract Law, 2nd ed. Informa Law from Routledge, 2023. http://dx.doi.org/10.4324/9781003243847-8.

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McGourlay, Claire, Mark Thomas, Suzanne Gower, and Joyce Claudia Choo. "The Burden and Standard of Proof." In Evidence: Law and Context, 6th ed. Routledge, 2024. http://dx.doi.org/10.4324/9781003416098-3.

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Doak, Jonathan, Claire McGourlay, and Mark Thomas. "The Burden and Standard of Proof." In Evidence: Law and Context. Routledge, 2018. http://dx.doi.org/10.4324/9781315166285-3.

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Schellekens, M. H. M. "Misuse and the Burden of Proof." In Information Technology & Law Series. T.M.C. Asser Press, 2004. http://dx.doi.org/10.1007/978-90-6704-503-2_4.

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Zhang, Xinbao. "On Burden of Proof in Medical Negligence." In Legislation of Tort Liability Law in China. Springer Singapore, 2017. http://dx.doi.org/10.1007/978-981-10-6961-1_12.

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Karner, Ernst. "The Function of the Burden of Proof in Tort Law." In Tort and Insurance Law. Springer Vienna, 2009. http://dx.doi.org/10.1007/978-3-211-92798-4_4.

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Tran, Quynh Anh. "Evaluation of Electronic Evidence and the Burden of Proof." In European Yearbook of International Economic Law. Springer Nature Switzerland, 2022. http://dx.doi.org/10.1007/978-3-031-18572-4_9.

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Giesen, Ivo. "The Burden of Proof and other Procedural Devices in Tort Law." In Tort and Insurance Law. Springer Vienna, 2009. http://dx.doi.org/10.1007/978-3-211-92798-4_3.

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Ulfbeck, Vibe, and Marie-Louise Holle. "Tort Law and Burden of Proof — Comparative Aspects. A Special Case for Enterprise Liability?" In Tort and Insurance Law. Springer Vienna, 2009. http://dx.doi.org/10.1007/978-3-211-92798-4_2.

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Varela, Justo Corti. "The Precautionary Principle and the Burden of Proof in International Risk Regulation Trials." In Science, Technology, Policy and International Law. Routledge, 2024. http://dx.doi.org/10.4324/9781003472421-6.

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Conference papers on the topic "Burden of proof (Islamic law)"

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Davida, Zanda. "Burden of Proof in Law Prohibiting Unfair Commercial Practices." In The 9th International Scientific Conference of the Faculty of Law of the University of Latvia. University of Latvia Press, 2024. http://dx.doi.org/10.22364/iscflul.9.1.17.

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Directive on unfair commercial practices (UCPD) is based on the industrial economy, therefore, it has been formulated before the development of the Internet and digital economy, and still remains in force with no major changes since its adoption. As the main legal tool for protecting consumer decision-making autonomy, which is not substantially amended following the Fitness Check of consumer law that resulted in the adoption of Directive 2019/2161/EU, it is questionable whether the UCPD ensures an effective protection of consumer decision-making autonomy in the digital environment. This paper

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Martinović, Adrijana. "APPLYING THE BURDEN OF PROOF RULES IN GENDER DISCRIMINATION CASES: THE CROATIAN EXPERIENCE." In PROCEDURAL ASPECTS OF EU LAW. Faculty of Law, Josip Juraj Strossmayer University of Osijek, 2017. http://dx.doi.org/10.25234/eclic/6532.

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Maskun, Naswar, Achmad, Hasbi Assidiq, Armelia Safira, and Siti Nurhalima Lubis. "Cyber Attack - The Burden of International Crime Proof: Obstacles and Challenges." In The 2nd International Conference of Law, Government and Social Justice (ICOLGAS 2020). Atlantis Press, 2020. http://dx.doi.org/10.2991/assehr.k.201209.269.

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Moulia, Nouvan. "The Position of Defendant’s Statement in the Proof of Adultery Case (The Analysis of Syar’iyah Court Verdict Banda Aceh)." In International Conference on Law, Governance and Islamic Society (ICOLGIS 2019). Atlantis Press, 2020. http://dx.doi.org/10.2991/assehr.k.200306.195.

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Martins, João Vitor Guaitolini. "The Expertise between science and law." In III SEVEN INTERNATIONAL MULTIDISCIPLINARY CONGRESS. Seven Congress, 2023. http://dx.doi.org/10.56238/seveniiimulti2023-236.

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When it comes to the evidence, three central questions arise. Who should bear the burden of producing them, how much proof is required, and what evidence is admissible. To the extent that advocating for new evidence or presenting it, when permitted by law, is a procedural faculty and therefore subject to estoppel, the answer to the third question changes throughout the process. For this reason, one can even unfold the answer to the third question into which are admissible by law and when each piece of evidence is admissible. Law, jurisprudence and doctrine deal with zeal and attention to these

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Etinski, Rodoljub. "Dokazivanje u praksi Evropskog suda za ljudska prava." In Relation between International and National Criminal Law. University of Belgrade, International Criminal Law Assotiation, 2024. https://doi.org/10.51204/zbornik_umkp_24156a.

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Evidence comes into play in the practice of the European Court of Human Rights in two situations: a) when the Court itself needs to establish facts, and b) when it is called upon to assess whether the establishment of facts by the national court has been done in accordance with the rights and freedoms guaranteed by the European Convention on Human Rights, primarily the right to a fair trial. The Court has transplanted some general standards regarding evidence from national legal systems, such as affirmanti incumbit probation and the establishment of facts beyond reasonable doubt, and has furth

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Radović, Mirjana. "POSEBNA ZAŠTITA KORISNIKA FINANSIJSKIH USLUGA KOD UGOVARANjA NA DALjINU." In XV Majsko savetovanje: Sloboda pružanja usluga i pravna sigurnost. University of Kragujevac, Faculty of Law, 2019. http://dx.doi.org/10.46793/xvmajsko.813r.

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In this paper the author analyzes the new legal regime regarding the distance marketing of financial services, that was introduced into Serbian law by the Law on Protection of Financial Service Users in Case of Distance Marketing from 2018. Bearing in mind that this law was enacted under the direct influence of the Directive 2002/65/EC concerning the distance marketing of consumer financial services, the first part of the paper presents the development of regulation in this field at the EU level and in Serbia. The second part of the paper deals with determining the scope of new rules, through

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Vujičić, Jovan. "Saobraznost robe sa digitalnim elementima prema Direktivi (EU) 2019/771." In XXXI Susret pravnika u privredi Republike Srbije. Udruženje pravnika u privredi Srbije, 2023. http://dx.doi.org/10.55836/zbornik_pip_2302a.

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The article analyses the provisions of Directive (EU) 2019/771 on certain aspects concerning contracts for the sale of goods which govern the concept of goods with digital elements, requirements for conformity and the liability of the seller for non-conformity, including the associated time limits and the applicable burden of proof. The changes and additions compared to the previous rules are particularly highlighted, which is of special importance considering that this Directive has not been implemented in the law of the Republic of Serbia. Defining goods with digital elements and digital ser

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Karanikić Mirić, Marija. "PRODUCT LIABILITY REFORM IN THE EU." In International Scientific Conference “Digitalization and Green Transformation of the EU“. Faculty of Law, Josip Juraj Strossmayer University of Osijek, 2023. http://dx.doi.org/10.25234/eclic/27456.

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Following a long discussion among professionals, academics and competent authorities, at the end of September 2022, the European Commission published the Proposal for a directive on liability for defective products. In a practical sense, the most significant innovations in the Proposal are the expansion of the definitions of fundamental terms, such as product, producer, defect and damage, and the new provisions that should make it easier for the injured person to initiate proceedings and prove the fulfillment of the conditions for establishing the strict liability of the producer. The reform h

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Miladinović, Zoran. "Opšta pravila za osiguranje imovine." In XVI Majsko savetovanje. University of Kragujevac, Faculty of Law, 2020. http://dx.doi.org/10.46793/upk20.199m.

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The rules for property insurance are different from other insurance rules, especially from those regulating the insurance of persons. Compensation for incurred damage and interest to avoid damage are two basic principles of the property insurance. As for the first principle, the property insurance is calculated in an objective way meaning that the insurance claim cannot exceed the amount of the incurred damage. In the property insurance law this principle is known as the principle of indemnification. The other principle, the interest to avoid damage is the subjective principle in property insu

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Reports on the topic "Burden of proof (Islamic law)"

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Chong, Alberto E., and Florencio López-de-Silanes. Money Laundering and its Regulation. Inter-American Development Bank, 2007. http://dx.doi.org/10.18235/0010875.

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The recent wave of terrorist attacks has increased the attention paid to money laundering activities. Using several methodologies, this paper investigates empirically the determinants of money laundering and its regulation in over 80 countries by assembling a cross-country dataset on proxies for money laundering and the prevalence of feeding activities. The paper additionally constructs specific money laundering regulation indices based on available information on laws and their mechanisms of enforcement and measures their impact on money laundering proxies. The paper finds that tougher money

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The standard and burden of proof in competition law cases. Organisation for Economic Co-Operation and Development (OECD), 2024. http://dx.doi.org/10.1787/0199f63f-en.

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