IQRAR
(ADMISSION/CONFESSION)
DEFINITION
Iqrar is considered by the majority jurist
as the strongest evidence in Islamic law
of evidence.
The root word for Iqrar is ‘Qara or Iklan
which means acknowledgement
and admission or sometime known as
recognition.
Technically Iqrar is known as a
notification of right of another against
oneself.
Art. 1572 (M) def Iqrar an admission of
a right enforceable against oneself for
the benefit of another.
ESPE (KEL)s. 17(1) def Iqrar as
“a statement , oral, documentary or
using gesture, made by a person that he
is under some obligation to another
person in respect of some right, and
which is made by any persons and
under any circumstance here in after
mentioned.”
(eg) “I admit I ore B $100,000.Here the
right of B is upheld.
Definition of Iqrar By Juritsts:
SYAFIE:
(i) Iqrar is a statement of the existence
of a proved right against the maker of
the admission himself.
(ii) An Iqrar may also means a testimony
of the existence of a right detrimental to
the interest of the maker of Iqrar.
HANAFI:
(i) In al Hedaya: an aknowledgement or
admission of the existence of a right or
interest of another person as against the
maker of the of admission himself.
(ii)al Qadaa` Fil Islam: Testimony of the
existence of a right or interest for the
benefit of another person and
detrimental to the right or interest of the
maker of the admission himself through
the use of a specific word.
(iii) art 1572 al Mejele: Admission of a
right enforceable against oneself for the
benefit of another.
In short we can conclude that the aim or
objective of the jurist are that Iqrar:
“a form of admission to establish the
right or interest of another person
against the maker of the admission
himself. It will bind the person who
makes the Iqrar and liability.”
ADMISSION v CONFESSION
In Islamic Law Iqrar is considered as
both admission and confession both in
civil and criminal cases. But under Civil
law admission is for civil and confession
for criminal.
LEGAL BASIS OF IQRAR
(1) AL QUR`AN
al Imran: 81 “Behold! God took the
covenant of the prophets saying: I
give you a Book of Wisdom, then
comes to you an apostle
confirming what is with you, do ye
believe in him and render him
help? God said: “Do ye agree and
take this my covenant as binding
on you.” They said: “ We agree”
(aqrarnaa) …”
Here Allah asked from the people
their iqrar as such Allah approved
Iqrar as a form of evidence.
Al Nisa: 135 “O ye who believe,
stand out firmly for justice, as
witnesses for Allah, even as
against yourselves…”
Al Qiyamah: 14 –15 “Nay, Man will
be evidence against himself even
though he were to put his
excuses.”
SUNNAH
Maiz had committed adultery with
a slavewoman. He came to the
Prophet s.a.w. and confessed
infront of him ., the Prophet s.a.w.
said: “ It has come to my
knowledge that you have had
sexual relations with a certain
slavewoman?” Maiz replied: “Yes”
He admitted the fact four times
andd as such it was ordered that
the punishment of stoning be
inflicted on him.”
In another Hadith the Prophet
s.a.w. said:
“ O Unais! Proceed with haste to
the woman and ask her whether
she admits and if she admits then
stone her.” The woman then made
a confession and thereafter she
was stoned.”
IJMA ULEMA
The Ulema are unanimous that
Iqrar is a proof in Islamic evidence.
QIYAS
Dr Wahbah al Zuhaily said that by
analogy if we accept the testimony
for iqrar then acceptance of iqrar
itself is more appropriate.
Therefore Iqrar is supported by the
Qur`an, Sunnah, Ijmak and Qiyas.
TYPES OF IQRAR
s. 17(1) of EPSE (Kel) states that
Iqrar is a statement made orally or
documentary or using gesture…
(i) Oral Admission
“oral admission” should be made
by one who can speak.It is
encourage for those who can
speak.
(ii) Written Admission
“written admission” also can be
accepted even it is made by those
who can speak. This type of
admission can by either by official
or unofficial.
If admission is made officially(by
lawyer) then there is a (c) By Wakil (Lawyers)
presumption that such iqrar is
subject to verification in order to
avoid ambiguity.
Bahimsy say that if iqrar on hudud
cases, made in written document
but it was refuted during trial then
the written document must be
rejected.
Art. 69 (M) : Corrospondence by
writing is like talking to one
another.
As such it is like an oral evidence
also.
(iii) Admission By Gesture(Sisa)
Admission by gesture only can be
made by a person who is unable to
speak or dumb.This is based on
Art 1586 (M):Admission made by
non gesture sign of a dumb
person will be held good provided
that the gesture used must be
known to other person.
But if a person who can speak
uses sign gesture , it cannot be
accepted except for lineage cases
(Nasab).
There are two views on iqrar by
dumb person in zina cases:
(a) Syafie/Maliki states such
iqrar is accepted in zina
cases and hudud
punishment may be
imposed.
(b) Hanafi : Hudud punishment
cannot be imposed on such
iqrar because it is not
certain.
HOW ADMISSION IS MADE
(1) The Admission is made by a person who is
directly involved in a particular case.
(2) Admission made by an Agent:
(a) By al Wasi (Legator)
Admission made by al Wasi on behalf of al Muusi
(legasee) as regards to property matters is valid.It
becox his position as a trustee authorised him to
deal with subject matters in a will and make an
admission to that effect.
(b) By al Wali (Guardian)
Admission by Wali on behalf of a his vot is void
because an infant or unsound person is not
subject to legal accountability.
It is also called Wakil Bil Khusumah.Some time we
appoint someone to represent us in our litigation:
(i) Criminal matters - admission made by a Wakil
(lawyer) is VOID
(ii)Civil Matters – There differences in view:
Hanafi & Art. 1517 Majelle :Admission in civil
cases by wakil is valid if it is made before court.
Hambali, Syafie & Zuhfal: Admission in civil
matters is void even it is made in court becox duty
of wakil is to contest the case not to make
admission.
Maliki:Wakil can make admission if he is
authorised to do so by his client.
(3) Admission made must be free from coercion,
forced or promise. As such it is immaterial whether
an admission is made inside or outside court.
H/ever according to the jurist as regards to
admission made outside court ,they look into the
nature of case:
(i) Civil cases , admission made outside court can
be accepted if it is witnessed by 2 male
witnesses.It is so becox civil cases involve right of
man.
(ii)Criminal cases- admission must be refered to
the court, becox it involve right of Allah.There is a
possibility of duress etc. if made outside court.
H/ever base on Unais case admission made
outisde court in criminal cases(except zina) if
witnessed by 2 witnesses can be accepted by
court.
s.17(2)-Admission made outside court my only be
accepted if it is made be4 2 adil witnessed.(For
other hudud case)
s.17(4) – admission of adultery accepted only if
made in court
(4)The court must examine the admission made
with great care and caution before admitting the
admission.
The court must ensure that the person who makes
the admission knew the effect of the admission.In
Maiz`s case Prophet asked him whether he knows
the effect and consequence of his admission.
(5) The judge also have to observed the capasity of
the person who makes such admission ,including
the physical nature.
RETRACTION OF ADMISSION
Art 1588 – It is unlawful to go back from admisson concerning the
right of people (civil)
This means in matters pertaining to right of man, once aIqrar is
made and proofed, then it cannot be retracted. It is valid and
binding in civil matters.
Hanafi: In matters involving right of Allah (criminal cases), Iqrar can
be retracted.This is based on Maiz`s case, whereby He admit
committing the zina and was convicted by the Prophet s.a.w. But
when the sahabah rhm wants toi execute the punishment by
stoning, he ran away. They arrested him and stone to death. They
came back and reported to the Prophet . The Prophet said why
don`t you let him go away or bring him to me.
The EESC (Kel) is silence as regards to retraction of iqrar, but in
case law retraction is allowed.
Faridah v PP
She admitted commiting zina with her father.During trial, she wants
to retract the admission but was refused by the trial court on
grounds (1) a person who give evidence on his iqrar can be
punished(2)If the court accept the retraction, it will affect the status
& reputation of court(3) a very serious case involve father and
daughter(5)it may reduce maksiat.
But on appeal Held:Retraction accepted .Mufti refered to Kitab Al
Mughni al Raudhah:
(1)it is recommended on one who has admitted to zina and drinking
liqour to retracthis admission
(2) Fathul Wahhab: One who was convicted for zina on an
admission made, later he retract the admission, judgement can be
quashed.
Che Lah v Pendakwa Jenayah kelantan
On trial admission for zina was made but later iqrar was retracted.
Appeal:Issue was ehter he can be convicted base on the iqrar.Held
The admission can`t be taken into consideration as a proof in zina
case but it can amount to khalwat becox retraction made by him.
Note: If the case is solely based on Iqrar alone, then if retracted ,
he cannnot be punsihed. But there are other suppoorting evidence
such as syahadah etc then even he retract , he cannot be
punished.
Kelantan Enact of Syariah Criminal Code
s. 45(1) A confession may be retracted by an accused at any time.
(eg) if OKT retract before execution or during execution of
punishment, it must be stopped.
s. 45(4) Retraction by conduct i.e. ran away during execution) is
allowed.
EFFECT OF ADMISSION
A valid Iqrar will only bind the maker of the Iqrar himself and not
another person i.e. co accused. This is based on Hadith by Ahmad
and Abu Daud from Shahl b. Saad to the effect that a man once
appeared before the Prophet s.a.w. and confessed that hhe had
committed zina with a woman. The Prophet s.a.w. then
messengers to the woman to corroborate the statement of the man
who had confessed.The woman denied that she had comitted zina
with the man and as such the Prophet s.a.w. did not impose any
punishment on the woman.
Maxim:Evidence is proved which has a trasitif effect and admissiin
is a proof which has restrictive in its effect.
Maxim: By his admissionn one is condemned.
Mokhtar B. Panget v PP JAWI
OKT confessed he had zina with woman Ct convicted him base on
the admission.
PP Muis v Hj Adib Datuk Said Besar(The girl admit zina with OKT
.She was convicted but theman was acquieted)
Civil Case: Admission of a person in certain sitruation may effect
indirectly the interest of other people.
Unknown eternity married women admit she is daughter of her
father in law and he admits it. Dissolve even it prejudice the
husband.