I. Evidence and testimony are important in Islam. The Quran instructs believers to be just witnesses for Allah, even if it is against themselves or close relatives, and to not let hatred prevent fair judgment.
II. Believers are told to uphold justice as guardians of testimony for Allah, whether the person is rich or poor. They should not follow their desires if it means deviating from the truth.
III. Several Quranic verses emphasize the importance of evidence and testimony in judicial matters. Believers are instructed to produce witnesses or material proof for any claims or accusations they make.
LLB LAW NOTES ON MUSLIM LAW MOHAMMADAN LAW
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Acts and Obligation (Islamic jurisprudence II)EHSAN KHAN
ACTS AND OBLIGATIONS
Shari`ah has been loosely defined as “Islamic law” and so has fiqh. These terms are not synonymous either in the Arabic language or to the Muslim jurists.
LLB LAW NOTES ON MUSLIM LAW MOHAMMADAN LAW
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Acts and Obligation (Islamic jurisprudence II)EHSAN KHAN
ACTS AND OBLIGATIONS
Shari`ah has been loosely defined as “Islamic law” and so has fiqh. These terms are not synonymous either in the Arabic language or to the Muslim jurists.
Understanding Taqlid Following One of The Four Great ImamsYousef al-Khattab
Much confusion has sadly reigned concerning the subject of Taqlid amongst Muslims creating disunity and even animosity. The root cause however has been nothing more than the lack of information and access to the facts. This short but comprehensive work deals authoritatively with this misunderstood concept in Islam. “Understanding Taqlid,” explains the basic meaning of Taqlid and its ruling in the light of the Holy Qur’an and Sunnah. Furthermore, it also robustly augments the Islamic ruling quoting no less than a dozen major Classical Sunni scholars, such as Imams Nawawi (author of Riyad al-Salihin) and Jalal al-Din al-Mahalli (co-author of Tafsir of al-Jalalayn), proving that, contrary to propaganda, this was and always has been the position of the Ummah and its scholars for the majority of its history until recent times.
Introduction
Whether or not a person should follow one of the four schools is an issue that has created much confusion among Muslims today. It is hoped this short treatise will serve to dispel much of the misinformation regarding this issue and furnish the details for why the four schools (Hanafi, Maliki, Shafi’i and Hanbali) have such a central role in Sunni Islam.
Due to the importance of this subject, this booklet is being distributed for free and there is no copyright preventing anyone wishing to reprint it from doing so. Finally, I would like to thank Mufti Javed Iqbal of Al-Habib Trust, and my brother Mufti Sarfraz Muhammad for their invaluable help and advice. May Allah Most High accept this effort, make it beneficial and reward all those who helped in any way in its production. Amin.
Muhammad Sajaad
15th Dhū’l-Qaʿda 1431 ah
24th October 2010
Qanun-e-Shahadat Order: Analysis of Basic PrinciplesShahbaz Cheema
These slides summarize and analyze some basic principles and rules of the QSO. The purpose is to introduce the subject only without any claim to have covered it in toto.
THIS DOCUMENT IS THE OWN WORK OF A STUDENT WHO STUDIES AT PRESIDENCY UNIVERSITY BANGALORE IN 2ND SEMESTER.
THE DOCUMENT MAINLY DESCRIBE THE TRESPASS TO PERSON UNDER LAW OF TORTS.
Understanding Taqlid Following One of The Four Great ImamsYousef al-Khattab
Much confusion has sadly reigned concerning the subject of Taqlid amongst Muslims creating disunity and even animosity. The root cause however has been nothing more than the lack of information and access to the facts. This short but comprehensive work deals authoritatively with this misunderstood concept in Islam. “Understanding Taqlid,” explains the basic meaning of Taqlid and its ruling in the light of the Holy Qur’an and Sunnah. Furthermore, it also robustly augments the Islamic ruling quoting no less than a dozen major Classical Sunni scholars, such as Imams Nawawi (author of Riyad al-Salihin) and Jalal al-Din al-Mahalli (co-author of Tafsir of al-Jalalayn), proving that, contrary to propaganda, this was and always has been the position of the Ummah and its scholars for the majority of its history until recent times.
Introduction
Whether or not a person should follow one of the four schools is an issue that has created much confusion among Muslims today. It is hoped this short treatise will serve to dispel much of the misinformation regarding this issue and furnish the details for why the four schools (Hanafi, Maliki, Shafi’i and Hanbali) have such a central role in Sunni Islam.
Due to the importance of this subject, this booklet is being distributed for free and there is no copyright preventing anyone wishing to reprint it from doing so. Finally, I would like to thank Mufti Javed Iqbal of Al-Habib Trust, and my brother Mufti Sarfraz Muhammad for their invaluable help and advice. May Allah Most High accept this effort, make it beneficial and reward all those who helped in any way in its production. Amin.
Muhammad Sajaad
15th Dhū’l-Qaʿda 1431 ah
24th October 2010
Qanun-e-Shahadat Order: Analysis of Basic PrinciplesShahbaz Cheema
These slides summarize and analyze some basic principles and rules of the QSO. The purpose is to introduce the subject only without any claim to have covered it in toto.
THIS DOCUMENT IS THE OWN WORK OF A STUDENT WHO STUDIES AT PRESIDENCY UNIVERSITY BANGALORE IN 2ND SEMESTER.
THE DOCUMENT MAINLY DESCRIBE THE TRESPASS TO PERSON UNDER LAW OF TORTS.
Shaykh Husayn al-Awaayishah | Language: English
I felt that I should hurry in bringing forward the hadeeth: “The two feet of the son of Aadam will not move from near his Lord on the Day of Judgement until he is asked about five (matters): about his life – how he spent it; about his youth – how he took care of it; about his wealth – how he earned it; and where he spent it; and about that which he acted upon from the knowledge that he acquired,” as an aid towards purification of the souls and preparation for death. The advice being firstly to myself, secondly to the du’aat (callers to Allah’s path) and thirdly to all my Muslim brothers in every part of the world – hoping that Allah, the Most High, will cause benefit through that which I have written and that the fruits of that may be reaped, now and in the future. In this treatise I restricted myself to one part of the hadeeth and that is “…and about that which he acted upon from the knowledge that he gained.
- Brief review of Tawheed & brief discussion about Angels & Jinns in Islam.
- As this discussion will cover intangible things which are solely dependent on the belief of Tawheed, it is prudent that we prepare ourselves to accept this information, specially how to deal with these abstract matters, matters which are out of our sight. If one does not believe in Allah then belief in these are solely disputable concepts, not facts. Lets us clear our doubt in light of what Allah & His Prophet (saw) has to say about them and what are the prescribed actions for us to address them.
Allah (سبحانه و تعالى) is the Hakim الحاكم . He is the supreme Legislator. All commands, judgement or legislation belongs to Allah (سبحانه و تعالى). Allah (سبحانه و تعالى) claims the Legislative right for Himself in absolute terms:
إِنِ الْحُكْمُ إِلاَّ لِلّهِ أَمَرَ أَلاَّ تَعْبُدُواْ إِلاَّ إِيَّاهُ ذَلِكَ الدِّينُ الْقَيِّمُ وَلَـكِنَّ أَكْثَرَ النَّاسِ لاَ يَعْلَمُونَ
[12:40]
Legislation is not but for Allah (سبحانه و تعالى). He has commanded that you worship not except Him. That is the correct religion, but most of the people do not know.
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Introducing New Government Regulation on Toll Road.pdfAHRP Law Firm
For nearly two decades, Government Regulation Number 15 of 2005 on Toll Roads ("GR No. 15/2005") has served as the cornerstone of toll road legislation. However, with the emergence of various new developments and legal requirements, the Government has enacted Government Regulation Number 23 of 2024 on Toll Roads to replace GR No. 15/2005. This new regulation introduces several provisions impacting toll business entities and toll road users. Find out more out insights about this topic in our Legal Brief publication.
WINDING UP of COMPANY, Modes of DissolutionKHURRAMWALI
Winding up, also known as liquidation, refers to the legal and financial process of dissolving a company. It involves ceasing operations, selling assets, settling debts, and ultimately removing the company from the official business registry.
Here's a breakdown of the key aspects of winding up:
Reasons for Winding Up:
Insolvency: This is the most common reason, where the company cannot pay its debts. Creditors may initiate a compulsory winding up to recover their dues.
Voluntary Closure: The owners may decide to close the company due to reasons like reaching business goals, facing losses, or merging with another company.
Deadlock: If shareholders or directors cannot agree on how to run the company, a court may order a winding up.
Types of Winding Up:
Voluntary Winding Up: This is initiated by the company's shareholders through a resolution passed by a majority vote. There are two main types:
Members' Voluntary Winding Up: The company is solvent (has enough assets to pay off its debts) and shareholders will receive any remaining assets after debts are settled.
Creditors' Voluntary Winding Up: The company is insolvent and creditors will be prioritized in receiving payment from the sale of assets.
Compulsory Winding Up: This is initiated by a court order, typically at the request of creditors, government agencies, or even by the company itself if it's insolvent.
Process of Winding Up:
Appointment of Liquidator: A qualified professional is appointed to oversee the winding-up process. They are responsible for selling assets, paying off debts, and distributing any remaining funds.
Cease Trading: The company stops its regular business operations.
Notification of Creditors: Creditors are informed about the winding up and invited to submit their claims.
Sale of Assets: The company's assets are sold to generate cash to pay off creditors.
Payment of Debts: Creditors are paid according to a set order of priority, with secured creditors receiving payment before unsecured creditors.
Distribution to Shareholders: If there are any remaining funds after all debts are settled, they are distributed to shareholders according to their ownership stake.
Dissolution: Once all claims are settled and distributions made, the company is officially dissolved and removed from the business register.
Impact of Winding Up:
Employees: Employees will likely lose their jobs during the winding-up process.
Creditors: Creditors may not recover their debts in full, especially if the company is insolvent.
Shareholders: Shareholders may not receive any payout if the company's debts exceed its assets.
Winding up is a complex legal and financial process that can have significant consequences for all parties involved. It's important to seek professional legal and financial advice when considering winding up a company.
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All eyes on Rafah: But why?. The Rafah border crossing, a crucial point between Egypt and the Gaza Strip, often finds itself at the center of global attention. As we explore the significance of Rafah, we’ll uncover why all eyes are on Rafah and the complexities surrounding this pivotal region.
INTRODUCTION
What makes Rafah so significant that it captures global attention? The phrase ‘All eyes are on Rafah’ resonates not just with those in the region but with people worldwide who recognize its strategic, humanitarian, and political importance. In this guide, we will delve into the factors that make Rafah a focal point for international interest, examining its historical context, humanitarian challenges, and political dimensions.
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The slides was well structured along with the highlighted points for better understanding .
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Precedent, or stare decisis, is a cornerstone of common law systems where past judicial decisions guide future cases, ensuring consistency and predictability in the legal system. Binding precedents from higher courts must be followed by lower courts, while persuasive precedents may influence but are not obligatory. This principle promotes fairness and efficiency, allowing for the evolution of the law as higher courts can overrule outdated decisions. Despite criticisms of rigidity and complexity, precedent ensures similar cases are treated alike, balancing stability with flexibility in judicial decision-making.
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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??
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.