Competency of witness
What are the qualifications prescribed in Islamic Law for a competent witness? And define the woman as a witness.
1) Introduction
The witness must come forward and give testimony because a witness is a medium through which facts can be identified. Islamic law provides qualifications and disqualifications for a competent witness to appear as a witness
2) Definition of witness
Individuals who provide evidence in legal proceedings before a court. Persons who give testimony under oath in court, relevant to what they have seen, heard, or otherwise observed.
3) Meaning of Competency of Witness
A witness is competent if he lawfully be called to give evidence In criminal proceedings all persons are (whatever their age) competent to give evidence
4) Doctrine of Tazkiya-Tu-Shahood
The doctrine of Tazkiya-Tu-Shahood is very important. It means those persons who appear before court for testimony and the court will inquire about the character and background of such witness
5) Kinds of Tazkiya-Tu-Shahood
It has two kinds
Declared Tazkiya-Tu-Shahood
Secret Tazkiya-Tu-Shahood
6) Importance of testimony (Gawahi) According to the Quran
The importance of giving testimony has been provided by the Holy Quran.
Holy Quran says:
“DON’T CONCEAL TESTIMONY. HE WO CONCEAL IT. HIS HEART IS SINFUL “
7) Qualification for a competent witness
The following are the qualifications for a competent witness
1. Able to understand the questions
The witness should be able to understand the question put to them but due to tender age, old age or disease whether body or mind
2. Not convicted by Court for Perjury
Witness should not be convicted by the Court for giving false testimony
3. Free from Prejudice
The witness must not be prejudiced as well as the testimony of the following witnesses is unacceptable
- 1. Father in favor of his son and vice versa
- 2. Slave in favor of his master
- 3. Non-Muslim against a Muslim etc.
4. Must be Muslim
The witness must be a Muslim for testimony
Disbelievers are not permitted for testimony
Abu Hanifa permits disbeliever testimony upon certain conditions
But Other schools of thought disagree about the testimony of disbeliever
5. Reliability of Character
By Tazkiya -tu-Shahood
- 1. Witness should be clean from deeds that cause Hadd punishment
- 2. Witness should be free from SINs
- 3. The witness should be Adil
6. Maturity
A person must be of a mature mind and must be able to understand the facts related to criminal act
7. Eye-Sight
Must possess perfect eye-sight and must be capable of seeing the facts
8. Speech
A person must possess the capacity to communicate in hadood cases
9. Strong Memory
The person must have a good memory because a person with a bad memory is unacceptable as a witness
8) Conditions for giving testimony
- There must be the existence of a complaint and requirement for the testimony
- Testimony should be given before the court
- Witness has the personal knowledge of the fact, hearsay is unacceptable
- The word shahadat must be used in the beginning
- Witness must remember the incident
- The witness must be able to identify the parties
- Conformity of the statement with the claim
- In Hadud cases facts must not occur in the distant past
9) Competency of Woman as witness
The competency of a woman as the witness is discussed under
1. Competency in Hadood Cases
In Hadood Cases( Category of violation of the right of ALLA) Competency of women are regarded as incompetent
2. Competency in Tazir Cases
In cases where the violation of rights of individuals involved, women’s testimony is accepted.
Prescribed Nisab for testimony of One male and two female witnesses
3. Financial transaction
In financial matters or future obligations. Testimony of two women is accepted
with one male
4. Specific matters where the testimony of women is needed
In matters which are generally known to women
Such as whether a particular child was born by a particular women
This can be proved by the testimony of a single woman
5. Other matters
A court may accept and act upon the testimony of one women
After the tazkiya of Women she has possessed all qualifications as a witness
10) Position in Pakistan
The competency and number of witnesses are provided in Article 3 and 17 of Q.S.O 1984
Article 3 says that the witness must not prevented from understanding and is capable to giving evidence
Article 17 says how many witnesses are required to prove a fact in light of injunction laid down by the Quran and Sunnah
11) Conclusion
In most cases, it is observed someone has given testimony against someone But later witness denies, that certain reasons compel men to tell falsehood or other circumstances. Which prevents them from giving correct and reliable information that’s why Islamic law has provided certain qualifications for a competent witness