INTRODUCTION
Evidence is vital in administering justice and is a check against instituting a false & vexatious suit. Islam vehemently stresses justice in the judicial system. The essential principle in Islam is that everyone is bound not to violate the rights of others and convey to them their due, and the state has to protect the life and property, honour and liberty of its citizens.
DEFINITION OF EVIDENCE
According to the Holy Prophet Muhammad (PBUH):
Holy Prophet Muhammad used the word “Bayyinah” for evidence, which means anything that manifests the facts disputed in a court.
OBJECTIVES OF ISLAMIC LAW OF EVIDENCE
The main object of Islamic law of evidence is as follows;
(1) To ensure a just and fair judicial system
(2) A decision of an Islamic court should punish no innocent person.
(3) Everyone is presumed innocent until proven guilty. This is the general principle of Islamic law of evidence. Thus, Islamic law of evidence upholds this principle by laying down stringent rules to prove the guilt of a person.
(4) No guilty should be able to escape punishment.
IMPORTANCE OF EVIDENCE
Holy Quran says,
“Do not conceal testimony. He who conceals it, his heart is sinful.” (Surah-al-Baqra:282)
The Holy Prophet Muhammad (PBUH) said,
“If people were given what they asked, they brought a case; some would claim the lives and property of others.”
KINDS OF EVIDENCE
Evidence is the following three kinds.
- Oral evidence
- Documentary evidence
- Circumstantial evidence
MODES OF PROVING A CASE
There are three modes of proving a case;
1. ADMISSION:
It is a well-known principle of evidence that the admitted fact need not be proved. The admission of a defendant is of vital importance in the decision of a case.
2. OATH:
Under the Islamic law of evidence, Oath is always taken in the name of Allah. An oath is considered a guarantee of truth and authenticity.
3. EVIDENCE:
The term “bayyanah” is mainly used for Shahadah; Bayyanah is derived from “bayan” which signifies expression. Everything that leads to the truth is included in bayyanah. In other words, bayyanah is a name given to all those who explain & clarify a right.
MODES OF TESTIMONY
Testimony of witness is operative in the following three ways,
Shahadat: Giving information about one’s right over another is called Shahadat.
Suit: Giving information about one’s right over another is called a suit.
Admission: Giving information of another’s right against oneself. It is called admission.
QUALIFICATIONS OF A COMPETENT WITNESS
Under Islamic law, the prime qualification of a witness is Tazkiya-ul-Shahud.
WOMEN AS COMPETENT WITNESS
According to the Holy Quran, A woman is given forgetfulness according to the following verse:
“And if two men are not available, then a man and two women, from among those whom you approve as witnesses, so that if either of the two errs, the one may remind the other.” (Al-Baqra:282)
(A) CASES IN WHICH A WOMAN IS A COMPETENT WITNESS
(i) Testimony of even a single woman is accepted and acted upon, provided that she possesses all other qualifications of a competent witness in matters generally known to women, e.g. whether a particular child was born to a specific woman, etc.
(ii) Two women as witnesses:
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- Cases involving violation of an individual’s rights are involved: Testimony of two female witnesses with one male witness is accepted in matters where violation of the individual’s rights is involved, e.g. in cases of Tazir, etc.
- Financial transactions: Testimony of two female witnesses with one male witness is accepted in matters relating to financial transactions.
- Future obligations: In matters relating to future commitments, the testimony of two female witnesses with one male witness is accepted.
(B) CASES IN WHICH WOMEN IS NOT A COMPETENT WITNESS
(i) In Hudood Cases
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- Women are not a competent witness
(ii) Cases of violation of the rights of Allah
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- A woman is incompetent to be a witness in the category of violation of the right of Allah.
(C) MAJORITY VIEW REGARDING WOMAN’S TESTIMONY
All four Imams, Imam Shafi, Imam Hanafi, Imam Hanable, and Imam Malik, agree a witness in Hudood and Qisas cases must be male.
Thus, the evidence of a woman is not admissible in Hudood and Qisas cases. In cases other than Hudood and Qisas, the evidence of two women and a man is accepted.
(D) VALIDITY OF A WOMAN’S TESTIMONY
(i) According to Ibn Shahab, Allah has directed that the matters are to be decided by the following evidence.
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- Two men
- In the absence of two men, one man and two women.
Ibn Shahab further said that Allah has prohibited the evidence of a man (He further noted that evidence of a woman and a man is sufficient to prove a case of murder.
EVIDENCE BY EXPERT
Evidence by an expert is one of the sources of proof of a crime or a right in Islamic law, i.e., an expert’s opinion.
Holy Quran Says;
“We granted inspiration if ye realize this not; ask of those who know.”
OATH IN ISLAMIC LAW
In Islamic law, an oath is one source of proof of a crime or a right before an authorized person or judge. The words Yamin, Qasam, and Halaf are used for Oath, which means a solemn pronouncement in the name of Allah or his Attributive names to affirm the truth of one’s statement.
Holy Prophet Muhammad (PBUH) said;
“Proof is on the complainant, and the oath is on the one who denies.”
IMPORTANCE OF ORAL EVIDENCE
It is a general rule that an eye-witness must prove a fact if it can be seen, or if it consists of speaking, it must be verified by the person who heard it. But it may sometimes happen that the persons who witnessed a transaction may not be available owing to their being dead or at such a great distance that it is impossible to produce them. Evidence may be received from a person who heard them.
CONCLUSION
The Islamic concept of evidence is based on Holy Quran and Sunnah. It aligns with reason and human nature, and truthfulness is a cardinal principle of evidence.
FREQUENTLY ASKED QUESTIONS
For evidence, Islam has its unique system, which differs in various cases.
(2019-A)
All cases are based on the strength of evidence produced before a judicial authority. Islam emphasizes the quality of witnesses in different circumstances. Explain briefly.
(2018-A)
Islam has its unique system of evidence and witnesses in different cases, discuss.
(2017-S)
In various cases, what are the different qualifications for competent witnesses under Islamic law?
(2018-A)
Islam has its unique system of evidence and witnesses in different cases, discuss.
(2017-S)
Islam is not gender biased as far as the testimony of a woman is concerned; instead, it has adopted a more pragmatic approach in founding its evidence law. Explain.
(2017-A)
What is the status of a woman as a competent witness? Explain briefly the qualifications of a competent witness.
(2016-S)
What are the different qualifications of a competent witness under Islamic Law, whether a woman is taken as a competent witness?
(2016-A)
What is the importance of evidence in some instances? Explain with particular reference to the testimony of a woman as a competent witness under the Islamic Law of Evidence.
(2015-S)
What are the qualifications for a competent witness to appear before a legal forum per the Islamic Law of Evidence?
(2015-A)
The witness must have specific qualifications to adduce evidence. Discuss and explain.
(2013-S)
Discuss the evidentiary value of women’s testimony under the Islamic Law of Evidence.
(2013-A)
REFERENCES
- Islamic Jurisprudence by Imran Ahsan Khan Nyazee
- N-Series by M.A. Chaudhary
