ABSTRACT

Under the two laws, confession is a statement by suspect in crime which is adverse to that person. It is a form of evidence that is acceptable because of its objectivities. Confessional statement is admissible in any proceedings as long as it is made to a person in authority and it is relevant to the matter in issue. Confession of an accused may be excluded if the person who made such statement was oppressed. The persons who can make confessions are the accused or co-defendant. Thus, a conviction could be based upon confessional statement of an accused.

Confession of one of the accused person against another, in common and Islamic law does not have practicable effect because confession as a principle of law is only used in the law of criminal evidence where by the statement of an accused strictly binds him alone and not his co-defendant except if the co-defendant adopt such statement that has been made by the accused, except this, the accused confessional statement cannot be used against any other person.

However, despite this similarity between the two concepts there are still areas of differences that linger on between the concepts.