WITHDRAWAL OF CONFESSIONS (RUJU‘ AN AL-IQRAR) IN SYARIAH CRIMINAL CASES: LEGAL ANALYSIS UNDER THE SYARIAH COURTS EVIDENCE ACT (FEDERAL TERRITORIES) 1997 [ACT 561]

Abstract

Confession, or al-iqrar, is one of the key methods of proof in Islamic law. The withdrawal of iqrar refers to a situation where an accused person initially admits guilt but later retracts the confession before the punishment is executed. However, the legal framework does not explicitly provide for the procedure or implications of such a retraction. This study aims to examine the concept and legal position of retracting iqrar under the Syariah Courts Evidence Act (Federal Territories) 1997 [Act 561], supported by analysis of selected case law and relevant literature. Adopting a qualitative research methodology, this study analyses statutory provisions, fiqh principles, and judicial decisions to explore whether and how such retractions are recognized and assessed in court. Particular attention is given to the legal conditions required for an iqrar to be deemed valid or rejected upon retraction. The findings reveal that while the withdrawal of iqrar may be accepted in certain circumstances, it must satisfy the requirements of admissibility under the Syariah Courts Evidence Act. This research contributes to the understanding of evidentiary principles in Syarie criminal cases and highlights the need for clearer legislative guidelines to ensure justice and procedural fairness in cases involving retracted confessions.