Competence of a Witness in Islamic Law and Pakistani Law: A Comparative Analysis

Abstract

In Law of Evidence, the rights of the individuals are protected by various methods of proof including testimony. Testimony is given a vital weightage in the judicial system of Islam as well as in all the legal systems of the world after admission or confession. The subject matter of a cause or cause of action consists of a bundle of facts if proven; a person is to have a favorable decision from a court of law. Islamic Law attaches great importance to the testimony and the role of a witness for the dispensation of justice is very crucial.  Receiving the evidence and then recording it before the court of law is considered a collective duty of those who have the information or knowledge of the facts of an incident. Keeping the evidence upright for Allah is recommended and concealing it is considered as a sin explicitly in the Qur’ān. Law of Evidence forms a foundation for every legal system for the administration and dispensation of Justice. Islamic Administration of justice is concerned, the main sources are the Qur’ān and Sunnah of the Prophet (peace be upon him). The current paper explores the qualification of a witness under Islamic Law and the legal system of Pakistan. This paper focuses on the competency of a witness to depose the facts before the court of law. This paper finally concludes that a competent witness as required by Islamic law could ease the path of justice.