الاقرار في المذاهب الإسلامية الخمسة و قانون الأحوال الشخصية العراقي

الملخص EN

The study deals with confession as an important means of judicial evidence, a comparative study between the five Islamic doctrines of law (Imami, Hanafi, Shafi’i, Maliki, and Hanbali) and the Iraqi Personal Status law.

This study aims to clarify the role of Islamic jurisprudence in evaluating the positive judiciary, taking into account the judicial evidence closest to the law, after clarifying the similarities and contrasts between the five doctrines of law in the proof of judicial confession.

In this study, the jurisprudential and legal evidence from its perspective in the jurisprudence books of the Islamic doctrines and the law books that dealt with the issue of confession from the civil law and the Iraqi personal status law were adopted.

The study concludes that the confession is considered as a mean of evidence in Islamic Sharia and Iraqi law.

Confession can be defined as: "Recognition of rights of others on one self”.

The study also reveals that the confession is not a construction but information.

It proves that the legitimacy of confession is proven by Qur'an and Sunnah, and it is considered the strongest evidence to establish the rights of others especially with regard to the Personal Status Law, which includes financial and non-financial rights, and therefore, it is called the master of evidence, according to some jurists.

It is 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.