اقرار سے متعلق قواعد فقہیہ اور پاکستانی قانون کی تطبیقات کاتقابلی جائزہ

Abstract

With the increasing of social issues, the Islamic jurisprudence has become very broad, so the jurists felt the need that some rules in the shape of legal maxims should be made to cover all the Islamic laws. whenever a new problem is created, its solution will be searched in the light of legal maxims. It is easy way to resolve the relevant issue. The above mentioned texts should not mean that the legal maxims are equivalent to the Quran and hadeeth. The greatest benefit of the legal maxims is that after making a rule, according to the principle of shari'ah a complete picture of jurisprudence chapter comes in the mind.in the jurisprudence one of the most important methods of evidence is confession or admission of the guilt by the accused. Under the Islamic law iqrar includes admission and confession. A confession is an acknowledgement or statement in express words, by the accused in a criminal case, of the truth of the guilty fact charged or of some essential part of it without any pressure before the judge. A confession must admit in terms the offence, or at any rate substantially all the facts which constitute the offence. There are many legal maxims narrated in jurisprudence books about the confession. This thesis is about the comparative and analytical study between the legal maxims and Pakistani laws about the confession. Thus it can safely be said by way of conclusion that Islamic law of confession, when compared with the Common law of Pakistan is certainly more humane, just, fair and much more mature.at the behalf of this comparative study can be said that the mostly Pakistani laws are not according to the shari'ah laws.