وسائل الإثبات في الفقه الإسلامي والقانون البروناوي

Abstract

Evidence theory is considered one of the most important legal theories and the most applied in practical life before the judiciary. Rather, it is the theory that courts apply every day in the cases presented to them. And that is that a right whose source cannot be proven is considered to be devoid of its value. It has been said in this regard: “Evidence is the strength of truth” - “What is no evidence for and nothing is equal” - “is equal to the right of the nullified and a right for which there is no evidence.” - “The evidence is the one that revives the truth. - "Evidence is the power of right." Evidence has an indisputable importance as it is not possible to enjoy a right without establishing evidence for it when the disputed one, and if it is proven inability to present the decreed evidence, it is impossible to adhere to the right or the legal position that the right holder claims, and the evidence is not the right, then evidence is a way to prove the right. It may stipulate certain methods of proof for evidence, or add certain conditions to evidence based on which a specific penalty is ruled, and methods of forensic evidence have gone through many advanced stages. Because of the great importance of proof, he had a number of countless ways or means to help judges reach a large area of sound judgment. Then the researcher chose “Means of Evidence in Islamic Jurisprudence and Brunei Law” a comparative study to reveal the extent of equality between them in terms of procedures, endurance and performance. Using the research methodology that the researcher is following, graded from the description, analysis and then comparison between them, to reach the result of the research.