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The Expert Witness in Islamic CourtsMedicine and Crafts in the Service of Law$
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Ron Shaham

Print publication date: 2010

Print ISBN-13: 9780226749334

Published to Chicago Scholarship Online: March 2013

DOI: 10.7208/chicago/9780226749358.001.0001

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Conclusion Islamic Expert Witnessing in Comparative Perspective

Conclusion Islamic Expert Witnessing in Comparative Perspective

Chapter:
(p.189) Conclusion Islamic Expert Witnessing in Comparative Perspective
Source:
The Expert Witness in Islamic Courts
Publisher:
University of Chicago Press
DOI:10.7208/chicago/9780226749358.003.0008

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

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