Law:

Section:

(a) Islamic Jurisprudence----- ----Crime and punishment---Evidence---Confession---Confession implicates the accused but not the co-accused---Confession of an accused person against co-accused is not acceptable if there is no other proof against co-accused---Such confession, however, may be considered as `Qarinah, as circumstantial piece of evidence against the co-accused and can be a basis for Ta'zir to the co-­accused, if it is corroborated by other independent evidence---Accused confessing his crime becomes `Fasiq' and ceases to be `Adil' and thus his evidence is not acceptable against co-accused---Such confession, however, can be used as corroborative piece of evidence against other accused----Tainted and subsequently retracted confession of accused all the more loses credence to form the sole basis of conviction of the other accused. In Islamic Criminal Law, the confession of an accused against the co-accused is not acceptable and if there is no other proof against him, he will not be punished on the said confession. Thus a confession only implicates the accused, but not the co-accused. This is also based on the concept of individual responsibility. However, it may be considered as Oarinah as circumstantial piece of evidence against the co-accused and can be a basis for Ta'zir to the co-accused, if it is corroborated by other independent evidence. When an accused confesses the crime, he becomes Fasiq (bearing bad character) and does not remain `Adil' (credible) and as such his evidence is not acceptable against the o-accused. His confession is only restricted to his ownself and cannot be extended to any one else. However, his confession can be utilized for further investigation in the matter and if the offence of his co-accused is proved by corroboration, he will be punished by Ta'zir accordingly. It is true that a confessional statement made by an accused may be used against other co-accused as circumstantial evidence, which means that it can be taken into consideration as a corroborative piece of evidence, that is, if there is other direct independent evidence connecting the co-accused with the commission of offence. But, it is settled law that the…

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