Role of Witness in Islamic Law

According to Islamic Law, it is the responsibility and answerability of the witnesses to come forward and give testament. Witnesses is the medium or channel through which facts can be verified. Islamic law has given disqualification and certain qualifications for the peoples to appear as witness.

Islamic Law says that a witness is said to be capable if there is nothing in law to avert him from being sworn in and inspected, if he likes to give evidence. Under the Islamic law of evidence, the doctrine of Tazkyat-Ush-Shahood is very significant. It indicates that those witnesses who appear before a court, the court would make investigations about the character and background of such witnesses.

Here we are going to discuss the Competency of women as a witness is discussed here. The competency of a women in cases, belonging to the group of abuse of right of Allah Almighty i.e  Hudood, is that she is considered as incompetent.

In case where violation of right of people is considered such as Tazir, the testament of women is acknowledged if the prescribed Nisab is detected, that is the evidence of one male and two female witnesses. In issues relating to financial or further responsibilities, the evidence of two women is recognized with one male. Evidence of women in substances which are commonly known to women such as whether a specific child was born to specific woman, can be verified even by the testament of single women. In other subjects, a court may admit and carry out the evidence of one woman. It is also essential that a woman must have all other credentials of a capable witness.

On the whole, the evidence is considered very important in Islamic laws as far as resolution of matters is concerned.  Islam makes it compulsory for a witness to give evidence about a matter or incidence of an incident through explanation of certain facts and not through assumption. Islam also makes the courts bound to give their decisions on the foundation of evidence after proper inspection of the evidence and not on the base of assumption. But In matters of religious duties, Islamic Pilgrimage Services, Fasting, Zakat, and other worships, law of evidence and role of competent plays very sensitive part. So, in such conditions, strict measures must be taken.