Authentication of Oral Evidence in Islamic Law of Shahadah: A Critical Analysis of Qanoon-e-Shahadat Order in the Light of Shariah Teachings

Abstract

Evidence is like a backbone for any trial procedure. Islamic law of evidence has a complete and fruit full mechanism for admission of Oral Testimony. It ensures authentic and reliable oral testimony in all respects. Qanoon-e-Shahadat Order on the other hand follows evidence Act 1872 except few articles that were changed during the process of Islamization. Purpose of this research is to highlight the lacunas in Qanun-e-Shahadat Order regarding authentication of Oral Testimony in Shariah. Islamic law of evidence stipulates strict conditions regarding number, character, screening, and rejection of witnesses, which are not taken seriously by Qanun-e-Shahadat Order and need to be analyzed and compared in detail to have a better picture of lacunas present in Qanun-e-Shadat Order. The detailed conditions imposed by Islamic law regarding authentication of women’s testimony, hearsay rule and purgation process are also not legislated in QSO according to the spirit of Islamic law. These areas need to be explored, highlighted and discussed due to increased importance and are overlooked by Qanun-e-Shahadat Order, which is a matter of serious concern. Being a Muslim country law of evidence of Pakistan must abide by the rules of Quran and Sunnah.