الشهادة كدليل إثبات في قانون الإجراءات الجزائية الفلسطيني "دراسة مقارنة"
محمد إبراهيم علي محاميد
Mohamad Ibrahim Mahameed
The testimony is one of the most important and means of proof. It is considered also as the oldest and most widely used in the Islamic Shari'a. This testimony has a great status in Islam. Witnesses testify is one of the evidences on which the judges base their rulings. The accused one is completely suspended on this testify. He is either acquitted, imprisoned or even may be executed. As we can see, this is a great means to promote injustice, to prove rights, to save money, lives and parentage. Since we saw the difference and discrepancy and sometimes the incompetence between the legislators of the Palestinian, Jordanian and Egyptian, I found this research to be the point so as to compare it with what the Islamic doctrine has legislated. The Palestinian Penal Procedures Law is one of the most recent laws issued in Palestine, that when compared to the laws of neighboring Arab countries, it is considered a modern law. Hence, there is a great debate about the source of this law. Some see it influenced with its most provisions by the Egyptian Procedure Law. On the other hand, others turn it to the penal procedures origin law in Jordan, which was valid in the West Bank prior the publication of the Penal Procedures Law under study. The problem of research is to examine the adequacy of the legal organization of testimony as evidence in the Palestinian penal procedure law No. 3 of 2001. This research is based on comparison between the Palestinian Penal Procedures Law and the Egyptian and Jordanian Penal Procedures Law compared to the Islamic jurisprudence of the testimony. So, I intend to part my research into two chapters. In the first class, I showed the nature of testify and divided it into three parts that explain the concept of the testimony, its types and quorum, and the conditions of validity of it. In addition, I tried to clarify the strength of the testimony in the evidence. While the second chapter dealt with the specificity of the testimony in the Palestinian Penal Procedures, that I divided it into four sections dealing with the provisions of the testimony before the authorities of the preliminary investigation and before the courts, and the identification of the value of the testimony ends with its value. Finally, I explained the procedures and performance of the testimony and the court authority in Islamic jurisprudence