Q # 08: What are the qualifications prescribed in Islamic Law for

competent witness? And define the woman as witness.

1) Introduction
 It’s a duty of witness to come forward and give testimony because a witness is medium
through which facts can be identified. Islamic law provides qualifications and disqualifications
for a competent witness to appear as witness

2) Definition of witness
 Individuals who provide evidence in legal proceedings before a court. Persons who give
testimony under oath in court, relevant to what they have seen, heard, or otherwise observed.

3) Meaning of Competency of Witness

 A witness is competent if he lawfully be called to give evidence In criminal proceedings all
persons are (whatever their age) competent to give evidence

4) Doctrine of Tazkiya-Tu-Shahood
 Doctrine of Tazkiya-Tu-Shahood is very important. It means those persons who appears before
court for testimony and court will inquire the character and background of such witness

5) kinds of Tazkiya-Tu-Shahood
It has two kinds
o Declared Tazkiya-Tu-Shahood
o Secret Tazkiya-Tu-Shahood

6) Importance of testimony (Gawahi) According to Quran

Importance of giving testimony has been provided by Holy Quran.

 Holy Quran says:

“DON’T CONCEAL TESTIMONY. HE WO CONCEALS IT. HIS HEART IS SINFUL “

7) Qualification for a competent witness

Following are the qualifications for competent witness

1. Able to understand the questions

 Witness should be able to understand the question put to them but due to tender age, old
age or disease whether body or mind

2. Not convicted by Court for Perjury(Jhooti Gawahi)

 Witness should not be convicted by Court for giving false testimony
 3. Free from Prejudice
 Witness must not be prejudice as well as the testimony of following witnesses is
unacceptable

1. Father in favor of his son and vice versa

2. Slave in favor of his master
3. Non-Muslim against a Muslim etc.

4. Must be Muslim
 Witness must be a Muslim for testimony
 Disbeliever not permitted for testimony
 Abu Hanifa permits disbeliever testimony upon certain conditions
 But Other schools of thought disagree about the testimony of disbeliever

5. Reliability of Character
 By Tazkiya -tu-Shahood

1. Witness should be clean from deeds which cause Hadd punishment

2. Witness should be free from SINs
3. Witness should be Adil

6. Maturity
 Person must be of a mature mind and must be able to understand the fact related to
criminal act

7. Eye-Sight
 Must possess perfect eye-Sight and must be capable of being seen the facts

8. Speech
 Person must possesses the capacity to communicate in hadood cases

9. Strong Memory
 Person must has a good memory because person of bad memory is unacceptable as
witness

8) Conditions for giving testimony

 There must be existence of complaint and requirement to the testimony
 Testimony should be given before the court
 Witness has the personal knowledge of the fact ,hearsay is unacceptable
  The word shahadat must be used in the beginning
 Witness must be remember the incident
 Witness must be able to identify the parties
 Conformity(Mutabqat) of the statement with the claim
 In Hadud cases (Qadhaf) facts must not occurred in the distant part

9) Competency of Woman as witness

Competency of woman as witness is discussed as under

1. Competency in Hadood Cases

 In Hadood Cases( Category of violation of right of ALLA) Competency of women is
regarded as incompetent

2. Competency in Tazir Cases

 In case where violation of right of individual involved, women’s testimony is accepted.
Prescribed Nisab for testimony of One male and two female witnesses

3. Financial transaction
 In financial matter or future obligation (zimadari). Testimony of two women is accepted
with one male

4. Specific matter where testimony of women is needed

 In matters which generally known to women
 Such as whether a particular child was born by a particular women
 Can be proved by the testimony of single woman

5. Other matters
 A court may accept and act upon the testimony of one women
 After the tazkiya of Women that she has possess all qualifications as a witness

10) Position in Pakistan

 The competency and number of witnesses are provided in Article 3 and 17 of Q.S.O
1984
 Article 3 says that witness must not prevented from understanding and is capable to
giving evidence
 Article 17 says the how many witnesses are required to prove a fact in light of
injunction laid down by Quran and Sunnah
11) Conclusion
 In mostly case ,it is being observed someone has given testimony against someone
 But later witness denies, there are certain reason which compel men to tell falsehood or
other circumstances. Which prevent them from giving correct and reliable information
that’s why Islamic law has provided certain qualifications for competent witness