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Declared Tazkyat-Ush-Shahood.
(ii)
Secret Tazkyat-Ush-Sahaood.
4. Importance of testimony
The importance of giving testimony has been provided by various verses of Holy
Quran.
Dont conceal testimony, He who conceals it, his heart is sinful (Al-Baqrah:
282)
Whenever Ye speak, speak justly even if a near relative is concerned. (Al-Inam:
152)
Never try to mix up wrong with right and do not conceal the truth intentionally:
(Al-Barah: 42)
5. Qualifications for a competent witness
A witness competent to testify must have the following qualification.
(I)
A witness should not be prevented from understanding the question put to them.
A witness maybe prevented from understanding due to the tender age, old age
or disease, whether of body or mind.
(II)
A witness should not be convicted by court for perjury or giving false evidence
Exception:
A person convicted may be competent to testify as witness, where the court
before which he appears is satisfied that after conviction, he has repented and
amended his ways.
(III)
(ii)
(iii)
(iv)
(v)
(IV)
Reliability of character
(V)
(i)
(ii)
(iii)
Maturity
Eye-sight
Speech
Muslim
The jurists agreed that Islam is a condition for the acceptance of testimony and
the testimony of disbeliever is not permitted but the jurists did not agree
regarding its permissibility in bequests made on a journey. Abu Hanifah said that
it is permitted upon the conditions mentioned by Allah, while Malik and shafi said
that it is not permitted.
6. Condition for giving testimony
(i) Existence of complaint and the requisition of the testimony.
(v)
(vi)
(vii)
(viii)
Financial transactions
Other matters
I other matters, a court may accept and act upon the testimony of one woman.
Note: it is necessary that a woman must possess all other qualifications of a
competent witness.
8. Position in Pakistan
The competency and number of witnesses are provided article 3 and 17 of Q.S.O,
1984 respectively, Article 3 provides that a witness must not prevented from
understanding and is capable of giving evidence and qualified a witness under
Holy Quran and Sunnah, whereas Article 17 provides that the number of
witnesses required to prove a fact is to be determined in accordance with the
injunctions laid down in the Holy Quran and Sunnah.
9. Conclusion
To conclude, I can say, that the necessity mostly arises in cases when the fact in
question has originated a right in some one against another and the latter
denies it, but there are certain reasons which induce men to tell falsehoods or
the circumstances. Which prevent them from giving correct and reliable
information, so the Islamic law has provided certain qualifications for a
competent witness.