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    Competency of Witness

    Uploaded by

    Ikyan Shah
    Precise and to the point for LLB students

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    © All Rights Reserved
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    Competency of Witness

    Uploaded by

    Ikyan Shah
    21 views2 pages
    Precise and to the point for LLB students

    Copyright

    © © All Rights Reserved

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    DOCX, PDF, TXT or read online from Scribd

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    Precise and to the point for LLB students

    Copyright:

    © All Rights Reserved
    Download as DOCX, PDF, TXT or read online from Scribd
    Download as docx, pdf, or txt
    21 views2 pages

    Competency of Witness

    Uploaded by

    Ikyan Shah
    Precise and to the point for LLB students

    Copyright:

    © All Rights Reserved
    Download as DOCX, PDF, TXT or read online from Scribd
    Download as docx, pdf, or txt
    of 2

    Competency of Witness

    1. Introduction
    A witness plays a crucial role in legal proceedings by providing testimony that aids in
    uncovering the truth. Islamic law outlines specific qualifications and disqualifications to
    determine whether a person is competent to serve as a witness in court.

    2. Definition of Witness
    A witness is an individual who offers evidence in court, testifying under oath about facts
    they have directly seen, heard, or observed. Their role is critical in helping the court
    establish the truth.

    3. Meaning of Competency of Witness


    A witness is deemed competent if they can lawfully provide testimony in court. In criminal
    cases, every person, regardless of age, is considered competent to give evidence.

    4. Doctrine of Tazkiya-Tu-Shahood
    The doctrine of Tazkiya-Tu-Shahood is central to the Islamic legal system. It refers to the
    process where the court examines the character and background of a witness to ensure
    their reliability before accepting their testimony.

    5. Types of Tazkiya-Tu-Shahood
    There are two forms of Tazkiya-Tu-Shahood:

     • Declared Tazkiya-Tu-Shahood
     • Secret Tazkiya-Tu-Shahood

    6. Importance of Testimony (Gawahi) According to the Quran


    The Holy Quran emphasizes the significance of providing truthful testimony:
    "Do not conceal testimony. Whoever conceals it, his heart is sinful."

    7. Qualifications for a Competent Witness


    The qualifications for a competent witness in Islamic law are as follows:

    1. 1. Able to Understand Questions


    2. 2. Not Convicted of Perjury
    3. 3. Free from Prejudice
    4. 4. Must be a Muslim
    5. 5. Reliability of Character
    6. 6. Maturity
    7. 7. Eye-Sight
    8. 8. Speech
    9. 9. Strong Memory

    8. Conditions for Giving Testimony


    The following conditions must be met for a testimony to be accepted:
    - A valid complaint must exist.
    - Testimony should be presented in court.
    - The witness must have personal knowledge of the facts, as hearsay is inadmissible.
    - The word Shahadat (testimony) must be used.
    - The witness must be able to recall the incident and identify the parties involved.
    - The testimony must align with the claim.
    - In Hadud cases, facts must not be distant.

    9. Competency of Woman as a Witness


    The competency of a woman as a witness in Islamic law is classified as follows:

    10. 1. Competency in Hadood Cases


    11. 2. Competency in Tazir Cases
    12. 3. Financial Transactions
    13. 4. Specific Matters
    14. 5. Other Matters

    10. Position in Pakistan


    In Pakistan, the competency of witnesses is governed by Articles 3 and 17 of the Qanun-e-
    Shahadat Order (QSO), 1984:
    - Article 3: A witness must be capable of understanding and providing reliable testimony.
    - Article 17: Specifies the number of witnesses required based on Quranic and Sunnah
    injunctions.

    11. Conclusion
    Testimony is a vital aspect of justice, but false or unreliable witnesses can undermine it. For
    this reason, Islamic law imposes strict qualifications for witnesses to ensure the integrity of
    the legal process.

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