It's for BS LLB Hons students

1. Evidence (Shahadah)/Testimony
“it is the first source of proof of a crime or a right”
Literal meaning
Information of what one has witnessed.
Technical meaning
Give true information before a court in judicial process of what one has seen
or witnessed for the purpose of proving or disproving a right or a crime.
Do we need witness or evidence if no offence is committed or no civil right
has been violated?

2. Evidence in Quran
I. َ‫ي‬ َ
‫َل‬ َ‫و‬ ِ‫ط‬ْ‫س‬ِ‫ق‬ْ‫ال‬ِ‫ب‬ َ‫ء‬‫ا‬َ‫د‬َ‫ه‬ُ‫ش‬ ِ َّ ِ
‫ّلِل‬ َ‫ين‬ِ‫ام‬ َّ‫و‬َ‫ق‬ ‫وا‬ُ‫ن‬‫و‬ُ‫ك‬ ‫وا‬ُ‫ن‬َ‫م‬‫آ‬ َ‫ِين‬‫ذ‬َّ‫ال‬ ‫ا‬َ‫ه‬ُّ‫ي‬َ‫أ‬ ‫ا‬َ‫ي‬
َّ
‫َل‬َ‫أ‬ ٰ
‫ى‬َ‫ل‬َ‫ع‬ ٍ‫م‬ ْ‫و‬َ‫ق‬ ُ‫َآن‬‫ن‬َ‫ش‬ ْ‫م‬ُ‫ك‬َّ‫ن‬َ‫م‬ ِ‫ر‬ْ‫ج‬
ِ‫د‬ْ‫ع‬‫ا‬ ‫وا‬ُ‫ل‬ِ‫د‬ْ‫ع‬َ‫ت‬
َ‫و‬ُ‫ه‬ ‫وا‬ُ‫ل‬
ُ‫ب‬ َ‫ر‬ْ‫ق‬َ‫أ‬ َّ‫ن‬ِ‫إ‬ َ َّ
‫َّللا‬ ‫وا‬ُ‫ق‬َّ‫ت‬‫ا‬ َ‫و‬ ٰ
‫ى‬ َ‫و‬ْ‫ق‬َّ‫ت‬‫ل‬ِ‫ل‬
ٌ‫ير‬ِ‫ب‬َ‫خ‬ َ َّ
‫َّللا‬
‫ا‬َ‫م‬ِ‫ب‬
َ‫ون‬ُ‫ل‬َ‫م‬ْ‫ع‬َ‫ت‬
O you who believe! Be steadfast for Allah (as) witnesses in justice, and let not
prevent you hatred (of) a people [upon] that not you do justice. Be just it (is)
nearer to [the] piety. And consciously revere Allah; indeed, Allah (is) All-Aware
of what you do.
ii. َ‫ع‬ ْ‫و‬َ‫ل‬ َ‫و‬ ِ َّ ِ
‫ّلِل‬ َ‫ء‬‫ا‬َ‫د‬َ‫ه‬ُ‫ش‬ ِ‫ط‬ْ‫س‬ِ‫ق‬ْ‫ال‬ِ‫ب‬ َ‫ين‬ِ‫ام‬ َّ‫و‬َ‫ق‬ ‫وا‬ُ‫ن‬‫و‬ُ‫ك‬ ‫وا‬ُ‫ن‬َ‫م‬‫آ‬ َ‫ِين‬‫ذ‬َّ‫ال‬ ‫ا‬َ‫ه‬ُّ‫ي‬َ‫أ‬ ‫ا‬َ‫ي‬
َ‫و‬ ِ‫ْن‬‫ي‬َ‫د‬ِ‫ل‬‫ا‬ َ‫و‬ْ‫ال‬ ِ‫و‬َ‫أ‬ ْ‫م‬ُ‫ك‬ِ‫س‬ُ‫ف‬‫ن‬َ‫أ‬ ٰ
‫ى‬َ‫ل‬
ُ‫ك‬َ‫ي‬ ‫ن‬ِ‫إ‬ َ‫ين‬ِ‫ب‬ َ‫ر‬ْ‫ق‬َ ْ
ْ‫ا‬
‫ا‬ً‫ير‬ِ‫ق‬َ‫ف‬ ْ‫و‬َ‫أ‬ ‫ًّا‬‫ي‬ِ‫ن‬َ‫غ‬ ْ‫ن‬
َ‫أ‬ ‫وا‬ ُ‫و‬ْ‫ل‬َ‫ت‬ ‫ن‬ِ‫إ‬ َ‫و‬ ‫وا‬ُ‫ل‬ِ‫د‬ْ‫ع‬َ‫ت‬ ‫ن‬َ‫أ‬ ٰ
‫ى‬ َ‫و‬َ‫ه‬ْ‫ال‬ ‫وا‬ُ‫ع‬ِ‫ب‬َّ‫ت‬َ‫ت‬ َ
‫َل‬َ‫ف‬ ‫ا‬َ‫م‬ِ‫ه‬ِ‫ب‬ ٰ
‫ى‬َ‫ل‬ ْ‫و‬َ‫أ‬ ُ َّ
‫اّلِل‬َ‫ف‬
‫ا‬َ‫م‬ِ‫ب‬ َ‫ان‬َ‫ك‬ َ َّ
‫َّللا‬ َّ‫ن‬ِ‫إ‬َ‫ف‬ ‫وا‬ُ‫ض‬ ِ‫ر‬ْ‫ع‬ُ‫ت‬ ْ‫و‬
‫ي‬ِ‫ب‬َ‫خ‬ َ‫ون‬ُ‫ل‬َ‫م‬ْ‫ع‬َ‫ت‬
‫ا‬ً‫ر‬
O you who believe[d]! Be custodians of justice (as) witnesses to Allah, even if
(it is) against yourselves or the parents and the relatives. if he be rich or poor,
for Allah (is) nearer to both of them. So (do) not follow the desire lest you
deviate. And if you distort or refrain, then indeed, Allah is of what you do All-
Aware.

3. Evidence in Quran
III. َّ‫ب‬ ‫ب‬ُ‫ت‬ْ‫ك‬َ‫ي‬ْ‫ل‬ َ‫و‬ ُ‫ه‬‫ُو‬‫ب‬ُ‫ت‬ْ‫ك‬‫ا‬َ‫ف‬ ‫ى‬ًّ‫م‬َ‫س‬ُّ‫م‬ ٍ‫ل‬َ‫ج‬َ‫أ‬ ٰ
‫ى‬َ‫ل‬ِ‫إ‬ ٍ‫ْن‬‫ي‬َ‫د‬ِ‫ب‬ ‫م‬ُ‫ت‬‫ن‬َ‫ي‬‫ا‬َ‫د‬َ‫ت‬ ‫ا‬َ‫ذ‬ِ‫إ‬ ‫وا‬ُ‫ن‬َ‫م‬‫آ‬ َ‫ِين‬‫ذ‬َّ‫ال‬ ‫ا‬َ‫ه‬ُّ‫ي‬َ‫أ‬ ‫ا‬
‫ا‬ِ‫ب‬ ٌ‫ب‬ِ‫ت‬‫ا‬َ‫ك‬ ْ‫م‬ُ‫ك‬َ‫ن‬ْ‫ي‬
َ‫ع‬ ‫ا‬َ‫م‬َ‫ك‬ َ‫ب‬ُ‫ت‬ْ‫ك‬َ‫ي‬ ‫ن‬َ‫أ‬ ٌ‫ب‬ِ‫ت‬‫ا‬َ‫ك‬ َ‫ب‬ْ‫أ‬َ‫ي‬ َ
‫َل‬ َ‫و‬ ِ‫ل‬ْ‫د‬َ‫ع‬ْ‫ل‬
ْ‫ب‬ُ‫ت‬ْ‫ك‬َ‫ي‬ْ‫ل‬َ‫ف‬ ُ َّ
‫َّللا‬ ُ‫ه‬َ‫م‬َّ‫ل‬
ِ‫إ‬َ‫ف‬ ‫ا‬ً‫ئ‬ْ‫ي‬َ‫ش‬ ُ‫ه‬ْ‫ن‬ِ‫م‬ ْ
‫َس‬‫خ‬ْ‫ب‬َ‫ي‬ َ
‫َل‬ َ‫و‬ ُ‫ه‬َّ‫ب‬ َ‫ر‬ َ َّ
‫َّللا‬ ِ‫ق‬َّ‫ت‬َ‫ي‬ْ‫ل‬ َ‫و‬ ُّ‫ق‬َ‫ح‬ْ‫ال‬ ِ‫ه‬ْ‫ي‬َ‫ل‬َ‫ع‬ ‫ِي‬‫ذ‬َّ‫ال‬ ِ‫ل‬ِ‫ل‬ْ‫ُم‬‫ي‬ْ‫ل‬ َ‫و‬
ْ‫ال‬ ِ‫ه‬ْ‫ي‬َ‫ل‬َ‫ع‬ ‫ِي‬‫ذ‬َّ‫ال‬ َ‫ان‬َ‫ك‬ ‫ن‬
ُ‫ع‬‫ي‬ِ‫َط‬‫ت‬ْ‫س‬َ‫ي‬ َ
‫َل‬ ْ‫و‬َ‫أ‬ ‫ا‬ً‫ف‬‫ي‬ِ‫ع‬َ‫ض‬ ْ‫و‬َ‫أ‬ ‫ا‬ً‫ه‬‫ي‬ِ‫ف‬َ‫س‬ ُّ‫ق‬َ‫ح‬
َ‫و‬ُ‫ه‬ َّ‫ل‬ِ‫ُم‬‫ي‬ ‫ن‬َ‫أ‬
َ‫ر‬ ‫َا‬‫ن‬‫و‬ُ‫ك‬َ‫ي‬ ْ‫م‬َّ‫ل‬ ‫ن‬ِ‫إ‬َ‫ف‬ ْ‫م‬ُ‫ك‬ِ‫ل‬‫ا‬َ‫ج‬ ِ‫ر‬ ‫ن‬ِ‫م‬ ِ‫ْن‬‫ي‬َ‫د‬‫ي‬ِ‫ه‬َ‫ش‬ ‫ُوا‬‫د‬ِ‫ه‬ْ‫ش‬َ‫ت‬ْ‫س‬‫ا‬ َ‫و‬ ِ‫ل‬ْ‫د‬َ‫ع‬ْ‫ال‬ِ‫ب‬ ُ‫ه‬ُّ‫ي‬ِ‫ل‬ َ‫و‬ ْ‫ل‬ِ‫ل‬ْ‫ُم‬‫ي‬ْ‫ل‬َ‫ف‬
َ‫ر‬ْ‫ام‬ َ‫و‬ ٌ‫ل‬ُ‫ج‬َ‫ر‬َ‫ف‬ ِ‫ْن‬‫ي‬َ‫ل‬ُ‫ج‬
َ‫ت‬ ‫ن‬َ‫أ‬ ِ‫اء‬َ‫د‬َ‫ه‬ُّ‫ش‬‫ال‬ َ‫ن‬ِ‫م‬ َ‫ن‬ ْ‫و‬َ‫ض‬ ْ‫َر‬‫ت‬ ‫ن‬َّ‫م‬ِ‫م‬ ِ‫َان‬‫ت‬َ‫أ‬
‫ا‬َ‫م‬ُ‫ه‬‫ا‬َ‫د‬ْ‫ح‬ِ‫إ‬ َّ‫ل‬ ِ
‫ض‬
ُ‫ب‬ُ‫ت‬ْ‫ك‬َ‫ت‬ ‫ن‬َ‫أ‬ ‫وا‬ُ‫م‬َ‫ْأ‬‫س‬َ‫ت‬ َ
‫َل‬ َ‫و‬ ‫وا‬ُ‫ع‬ُ‫د‬ ‫ا‬َ‫م‬ ‫ا‬َ‫ذ‬ِ‫إ‬ ُ‫ء‬‫ا‬َ‫د‬َ‫ه‬ُّ‫ش‬‫ال‬ َ‫ب‬ْ‫أ‬َ‫ي‬ َ
‫َل‬ َ‫و‬ ٰ
‫ى‬ َ‫ر‬ْ‫خ‬ُ ْ
ْ‫ا‬ ‫ا‬َ‫م‬ُ‫ه‬‫ا‬َ‫د‬ْ‫ح‬ِ‫إ‬ َ‫ر‬ِ‫ك‬َ‫ذ‬ُ‫ت‬َ‫ف‬
َ‫ك‬ ْ‫و‬َ‫أ‬ ‫ا‬ً‫ير‬ِ‫غ‬َ‫ص‬ ُ‫ه‬‫و‬
ِ َّ
‫َّللا‬ َ‫د‬‫ن‬ِ‫ع‬ ُ‫ط‬َ‫س‬ْ‫ق‬َ‫أ‬ ْ‫م‬ُ‫ك‬ِ‫ل‬َٰ‫ذ‬ ِ‫ه‬ِ‫ل‬َ‫ج‬َ‫أ‬ ٰ
‫ى‬َ‫ل‬ِ‫إ‬ ‫ا‬ً‫ير‬ِ‫ب‬
ُ‫م‬ َ‫و‬ْ‫ق‬َ‫أ‬ َ‫و‬
ُ‫ك‬َ‫ن‬ْ‫ي‬َ‫ب‬ ‫ا‬َ‫ه‬َ‫ن‬‫و‬ُ‫ِير‬‫د‬ُ‫ت‬ ً‫ة‬َ‫ر‬ ِ
‫اض‬َ‫ح‬ ً‫ة‬َ‫ار‬َ‫ج‬ِ‫ت‬ َ‫ون‬ُ‫ك‬َ‫ت‬ ‫ن‬َ‫أ‬ َّ
‫َل‬ِ‫إ‬ ‫ُوا‬‫ب‬‫َا‬‫ت‬ ْ‫َر‬‫ت‬ َّ
‫َل‬َ‫أ‬ ٰ
‫َى‬‫ن‬ْ‫د‬َ‫أ‬ َ‫و‬ ِ‫ة‬َ‫د‬‫ا‬َ‫ه‬َّ‫ش‬‫ل‬ِ‫ل‬
ْ‫م‬ُ‫ك‬ْ‫ي‬َ‫ل‬َ‫ع‬ َ
‫ْس‬‫ي‬َ‫ل‬َ‫ف‬ ْ‫م‬
َ‫ب‬َ‫ت‬ ‫ا‬َ‫ذ‬ِ‫إ‬ ‫ُوا‬‫د‬ِ‫ه‬ْ‫ش‬َ‫أ‬ َ‫و‬ ‫َا‬‫ه‬‫ُو‬‫ب‬ُ‫ت‬ْ‫ك‬َ‫ت‬ َّ
‫َل‬َ‫أ‬ ٌ‫ح‬‫َا‬‫ن‬ُ‫ج‬
َّ‫ار‬َ‫ض‬ُ‫ي‬ َ
‫َل‬ َ‫و‬ ْ‫م‬ُ‫ت‬ْ‫ع‬َ‫ي‬‫ا‬
ُ َّ
‫َّللا‬ ُ‫م‬ُ‫ك‬ُ‫م‬ِ‫ل‬َ‫ع‬ُ‫ي‬ َ‫و‬ َ َّ
‫َّللا‬ ‫وا‬ُ‫ق‬َّ‫ت‬‫ا‬ َ‫و‬ ْ‫م‬ُ‫ك‬ِ‫ب‬ ٌ‫وق‬ُ‫س‬ُ‫ف‬ ُ‫ه‬َّ‫ن‬ِ‫إ‬َ‫ف‬ ‫وا‬ُ‫ل‬َ‫ع‬ْ‫ف‬َ‫ت‬ ‫ن‬ِ‫إ‬ َ‫و‬ ٌ‫د‬‫ي‬ِ‫ه‬َ‫ش‬ َ
‫َل‬ َ‫و‬ ٌ‫ب‬ِ‫ت‬‫ا‬َ‫ك‬
ْ َ‫ش‬ ِ‫ل‬ُ‫ك‬ِ‫ب‬ ُ َّ
‫َّللا‬ َ‫و‬
ٌ‫م‬‫ي‬ِ‫ل‬َ‫ع‬ ٍ‫ء‬
O you who believe[d]! When you contract with one another any debt for a term fixed then write it. And
let write between you a scribe in justice. And not (should) refuse a scribe that he writes as (has)
taught him Allah. So let him and let dictate the one on whom (is) the right and let him consciously
revere Allah, his Lord, and (let him) not diminish from it anything. Then if is the one on him (is) the
right, (of) limited understanding, or weak, or not capable that (can) dictate he, then let dictate his
guardian with justice. And call for evidence two witnesses among your men. And if not there are
two men then one man and two women of whom you agree of [the] witnesses, (so) that (if) [she]
errs, one of the two, then will remind one of the two the other. And not (should) refuse the
witnesses when that they are called. And not (be) weary that you write it - small or large for its
term. That (is) more just near Allah, and more upright for evidence and nearer that not you (have)
doubt, except that be a transaction present, you carry out among you, then not on you any sin that
not you write it. And take witness when you make commercial transactio And not (should) be
harmed (the) scribe and not (the) witness, and if you do, then indeed it (is) sinful conduct for you,
and consciously revere Allah. And teaches Allah. And Allah of every thing (is) All-Knower.

4. Evidence in Quran
IV. Nature of the act:
it is obligatory to appear as witness whenever some one is called by the court as it
has been contemplated in one of the above mentioned verses that whenever you are
called to give testimony you must not refuse it.

5. Evidence in Sunnah
There are a number of traditions of Holy Prophet about evidence and its importance.
Some important traditions are as follows:
I. Burden of proof lies on the plaintiff or complainant and oath is on the person who
denies.
II. If you see the evidence like a sun, give evidence like that and not otherwise.
III. The best witness is one who gives evidence without demand.
IV. A person who refuses to become witness is like a person who gives false evidence
V. A person who gives false evidence will not be able to Move unless hell is made
obligatory for him by the God.
VI. False evidence is equal to shirk and idol worshiping so try your best to avoid it
Whether is there any evidence which can be avoided??

6. Whether is there any evidence which can be
avoided??

7. Answer: An evidence which disturbs the peace in
society and it is not there to serve any useful
purpose. Such evidence can be avoided for
good cause unless witness is called by the court
and it is made obligatory for him to depose
before the court.

8. Terminologies used in Islamic law of
evidence
I. Shahid (Witness):
 He is the person who primarily witnesses the incident or transaction and then
deposes before court.
II. Mash’hoodla (Plaintiff/claimant):
 A person in whose favor evidence is being given.
III. Mash’hood Alayh:
 A person upon whom evidence is being given
IV. Mash’hoodba
 It is the fact which is narrated by the witness/Shahid.

9. Conditions for a witness
1. Adult and Sane:
A witness must be sane and adult person. This is unanimous agreement of all jurist and this
agreement is based on the tradition of the Holy Prophet which says:
“three persons have been exempted from liabilities (I) minor unless he attains puberty
(II) The insane until he recovers and (III) Sleeping person until he awakes.
Whether Article 3 of Qanoon e Shahadat Order is in contravention of this principle?
Article 3 of Qanoon e Shahadat Order:
Who may testify:
All persons shall be competent to testify unless the Court considers that they are
prevented from understanding the questions put to them, or from giving rational
answers to those questions, by tender years, extreme old age, disease, whether of
body or mind or any other cause of the same kind.
Explanation to Article 3:
A lunatic is not incompetent to testify unless he is prevented by his lunacy from
understanding the questions put to him and giving rational answers to them.

10. Conditions for a witness
2. Adil.
“Adil means a person of highly good character who is not liable to suspicion.”
As per Imam Shafi
“ A person who strictly abstains from Major Sins and does not insist on Minor Sins and he is
considered respectable among his contemporaries.”
 Whether this principle has been considered by Qanoon e Shahadat Order ?
Yes it answer has been provided in the Article 3:
A person shall not be competent to testify if he has been convicted by a Court for
perjury or giving false evidence.
Provided further that the provisions of the first proviso shall not apply to a person
about whom the Court is satisfied that he has repented thereafter and mended his
ways.
Provided further that the Court shall determine the competence of a witness in
accordance with the qualifications prescribed by the injunctions of Islam as laid down in
the Holy Qur'an and Sunnah for a witness, and. where such witness is not forthcoming
the Court may take the evidence of a witness who may be available.

11. Conditions for a witness
3. A witness to be a Muslim?
There is difference of opinion among Muslim Jurists about
admissibility of evidence of a non muslim.
 As per Imam Shafi, Imam Malik and Imam Ahmad Bin
Hanbal evidence of non muslim is not acceptable in any case
i.e. for and against a muslim or for and against a non muslim.
 This view is based on the tradition of the holy Prophet that he
said “ call to witness two adil persons among you”. As per this
tradition a non Muslim cannot be adil and he is also not among
us meaning thereby he is not among muslims.

12. Conditions for a witness
3. A witness to be a Muslim?
 As per Imam Abu Hanifa a non Muslim can be a competent witness.
 This view is based on reason that it is not necessary that a non Muslim is never
an Adil person. This school opines that a non Muslim can be reliable person
and even holy prophet signed various agreements with them considering them
to be reliable. Similarly Holy Prophet also decided matters among Christians
on the basis of evidence given by Christians.
 Solution in the present age:
 Many Muslims live in non Muslim states and vice versa.
 Muslim states are under obligation of many international laws to give equitable
human rights to all the residents within state.
 It has become inevitable to accept the evidence of non Muslim as there is no
clear prohibition against evidence of non Muslim in Quran or Sunnah.
 As precautionary measure evidence of Non Muslim should not be relied upon
in hudood matters and hadd should not be imposed. Alternatively an accused
may be punished with Tazir if there is no other evidence available.

13. Conditions for a witness
4. Testimony of women
Testimony of women is divided into following types with reference to
difference matters involved.
I. Hudood and Qisas
II. Financial matters
III. Tazir cases
IV. Matters pertaining to females specifically
V. Evidence in sexual offences/Rape etc
Hudood and Qisas
 Only male witnesses are acceptable as per majority opinion.

14. Conditions for a witness
Financial matters
 Evidence of one male and two females is acceptable.
 Presence of second female is there to remind the first if she forgets.
Tazir cases:
 Both male and Female witnesses are acceptable
Matters pertaining to females specifically
 Only female witness is competent in such matters.
Evidence in sexual offences/Rape etc
 Primarily in Hudood cases evidence of female is not acceptable.
 But in exceptional situations and when corroborating evidence is available
evidence of female can be relied upon. As once holy prophet ordered hadd
punishment on the basis evidence of a female only. But it is only permitted
in rare cases.

15. Conditions for a witness
5. Witness in Hudood and Qisas cases must possess faculty of
speaking and seeing:
There are two opinions:
 Hanfi view:
Evidence of deaf and dumb person is not acceptable in Hudood and
Qisas cases. His evidence is acceptable in rest of the matters if he
can write the evidence before the court.
 Other Jurists view:
Evidence of deaf and dumb is only rejected when he is unable to
produce the same before the court. If he can produce the same
before the court either in writing or with the help of understandable
signs then his evidence should be admissible.
These jurists include Imam Shafi, Imam Malik and Imam Ahmad bin
Hanbal.

16. Conditions for a witness
Evidence of Blind Person.
Generally evidence of blind person is not acceptable but it is
acceptable if fact in issue pertains to hearing and he can repeat
the same before the court.

17. Conditions for a witness
6. Evidence OF Blood Relatives:
 As per Majority jurist except some Shafi jurists are of the view that
testimony of major and minor branches of families is not admissible for
each other.
 This view is based on the tradition of the holy prophet
“ the testimony of treacherous man and treacherous women is not admissible,
not of a man on whom hadd of qazaf has been implemented, not of a man
who has enmity with his brother, not of a servant of a family for the
members of that family.”
 Later on testimony of relatives was considered valid if they were proved to
be Adil. Initially this matter was started from marriage and divorce and
later on extended to other matters. This view was supported by Hazrat
Umar, Qazi Shurayh, and later on by Umar bin Abdul Aziz.

18. Conditions for a witness
 This later opinion was supported with this verse of Holy Quran:
“O you who believe[d]! Be custodians of justice (as) witnesses to Allah, even if
(it is) against yourselves or the parents and the relatives. if he be rich or
poor, for Allah (is) nearer to both of them. So (do) not follow the desire
lest you deviate. And if you distort or refrain, then indeed, Allah is of what
you do All-Aware.” (Quran 4:135)
7. False accusation of adultery:
A person who makes an allegation of adultery against someone and is unable
to bring four witnesses then he is liable to be charged with hadd of Qazaf
and it has been supported by following verse of Holy Quran:
“as for those persons who charge chaste women with the false allegation but
do not produce four witnesses, flog them with eighty stripes and never
accept their evidence afterwards, they themselves are the transgressers
except those who repent and reform themselves, Allah is forgiving and
merciful.

19. Quantum of evidence
 Islamic law also discusses the quantity of witness besides quality of
witness. How many witnesses are required in different cases and what if
such number witnesses have not been produced? Following Quranic verses
deal with quantity of witness.
I. “And for those of your women who are guilty of lewdness, call to witness
four of you against them.” (4:15)
II. “And those who accuse chaste women but cannot bring four witnesses
whip them eighty stripes.” (24:4)
III. “O you who believe when you contract a debt for a fixed term, record it
in writing. And call to witness from among your men , two witnesses and
if two men are not available then one man and two women so that if one
makes error the other reminds her.” (2:282)
IV. “Then when they have reached their term, take them back in kindness or
part from them in kindness and call to witness two just men among you
and keep your testimony upright for Allah”. (65:2)

20. Quantum of evidence
 Matters other then above mentioned there is no prescribed number and at
some occasions Holy Prophet decided the matters on the basis of testimony
of one witness and oath of plaintiff.

21. Conditions for evidence
I. Evidence must be in conformity with the claim or complaint in respect to
the subject matter. The evidence must be related to fact in issue and
should not involve any unnecessary details except required. It does not
make the evidence inadmissible but it weakens the evidence. Evidence
against a generally admitted fact is inadmissible.
II. Single session: Majority of the jurist are of the opinion that evidence
must be in the single session and it must be concluded in the same
session. No witness could be allowed to appear at some other time and
give remaining portion of his evidence.
III. Prior Claim. In many matters like Qisas, Diyat including civil rights and
obligations it is mandatory that witness should only depose when he is
required by court to do so. Because if there is no prior claim by the
plaintiff then it could be possibly presumed that plaintiff might have
pardoned him.

22. Conditions for evidence
IV. Evidence to be given in judicial process.
V. The evidence must be conclusive.
 It is mandatory requirement that evidence must be conclusive and it should
contain such material facts that a judgment can be rendered on relying such
evidence. It is based on well known principle that a certainty can only be
negated by another strong certainty. For example there is presumption of
INNOCENCE for the accused and that presumption can only be rebutted with
the help of confidence inspiring evidence.
 Where a certain act is required to be proved by a number of witnesses then all
the witnesses should depose all the material points which are mandatory to
establish guilt of the accused or to establish a right in a civil case. Relying
upon this principle Umar Bin Khatab imposed hadd penalty on 3 witnesses
who were failed to be corroborated by the witness of forth witness.
 Conclusiveness shall remain unshaken till the decision of the case and
execution of sentence.

23. Conditions for evidence
VII. Evidence must not be delayed. Evidence must be produced as early as
possible or within a fixed time. Any evidence which is produced with a
material delay that makes it seriously doubtful and as per tradition of Holy
Prophet Hadd sentence cannot be awarded in doubtful situations. Majority
of Muslim jurists are of the opinion that a delay in producing evidence can
be fatal to the prosecution or plaintiff case. They further support this view
that a well justified delay can make the evidence reliable.

24. Concept of Tadhkiyat al Shahud
 It is a tool used by the court to check a witness appearing before court is
Adil or not.
 According to Imam Abu Hanifa this requirement only needs to be satisfied
in Hudood and Qisas cases while as Imam Shafi it is required in each and
every case. Imam Shafi also opines that if the court is otherwise satisfied
with the witness or witnesses then this requirement may be dispensed with.
If a court is unaware about a person of his being Adil or not. Court can call
two truthful witnesses from society to inquire about credibility of witness
and then determine the admissibility of that witness accordingly.
 The person who is called to inquire about credibility of witness is called
Muzakki. There is requirement of at least one Muzakki.
 Furthermore witness strictly abstains from major sins and usually is not
involved in minor sins.

25. Concept of Shahadah al shahadah
 If the original witness is unable to appear before the court because of
serious illness, some injury, death or because of being at distance from
court or any other reasonable justification. Then a secondary witness
appears before the court with a certificate that he has listened the evidence
from original witness and he has been authorized by the original witness to
depose before the court.
 He must be able to give all description about the original witness,
 Imam Abu Hanfia and Imam Shafi are of the opinion that such evidence is
acceptable except in Hudood and Qisas matters.

26. Retraction from testimony
 Retraction from testimony in matters relating to rights of individuals is not
admissible.
 Retraction in Hudood cases is possible before the execution of sentence or even
during the execution of sentence.
 If a witness gives false evidence in a matter of civil obligation and he retracts
before pronouncement of judgment then no judgment can be given on the basis
of such witness and witness will be liable to Tazir offence.
 If judgment has been given and then a witness retracts then he will liable
additionally for the right created through the judgment against judgment debtor.
 If a witness retracts in hudood case pertaining to zina before execution of
sentence he will be liable to hadd of Qazaf.
 If a witness retracts his confession in other hudood and Qisas cases and he
admits that he gave false evidence intentionally then he is liable to same
punishment and if he retracts saying that he gave false evidence mistakenly
then he will be liable to Diyat and Tazir sentence.