Chapter

Conclusion Islamic Expert Witnessing in Comparative Perspective

in The Expert Witness in Islamic Courts

Published by University of Chicago Press

Published in print April 2010 | ISBN: 9780226749334
Published online March 2013 | e-ISBN: 9780226749358 | DOI: http://dx.doi.org/10.7208/chicago/9780226749358.003.0008
Conclusion Islamic Expert Witnessing in Comparative Perspective

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A reliable determination of the facts is a major concern in all legal systems, including Islamic law. A judge, in trying to establish the facts of a case, may call in expert witnesses, who are valued for their special ability to interpret material indicators and convey local knowledge and customary practices to the court. This article considers a few comparative aspects of expert witnessing in Islamic legal systems. It discusses when and why a certain legal system decides to use expert testimony, and why judicial systems differ in the modes and procedures for using the experts. It also examines the role of political culture in determining the character of the legal system in general and of expert witnessing in particular.

Keywords: Islamic law; expert witnesses; expert testimony; expert witnessing; political culture

Chapter.  2179 words. 

Subjects: Comparative Law

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