1- INTRODUCTION:-

The three
things which are important
according to a witness under Islamic law,
that are testimony, oath, oath before the court
of competent jurisdiction confession.
Witness means a person who is
competent to testify in the court.
2- ROOTS OF THE WORD SHAHADAT :-
 3- MEANINGS OF WITNESS:-
There are two type of meanings.

1- LITERAL MEANING:-
A man who gives testimony.
(Oxford Dictionary)
2- LEGAL MEANING:-
One who gives testimony under oath or affirmation.
(Blacks Law Dictionary)
4- DEFINITIONS OF WITNESS:-

(a)- According to the Dictionary of Islam.

Something legally received for proving the
facts under inquiry.
(b)- According to the Holy Prophet (PBUH).
Holy prophet (PBUH) use the word
Bayyina for the purpose of proving the case.
 5- QURANIC REFERENCE:-
SURAH TALAQ.

You should
choose amongst yourself who is
reliable to do justice.
He must give correct evidence
before the court.
7- MODES OF PROVING THE
CASE.
8- COMPETENT WITNESS:-

Says;
All person shall be competent to testify unless
the court considered and that are prevented from
understanding the question put to them or from
giving rational answer those questions , by
tender years extreme old age, disease , whether
of body or mind, or any other cause of same
kinds.
 Exception to the
competent witness are,
He should not be insane.
He should not be minor.
9- QUALIFICATIONS OF
WITNESSES.
a) Aaqil:-
Aaqil is a
person, who understands
the question put before
him.
b) Baligh:-

Baligh is
a major person who attains
the puberty.
c) Not be slave:-
Witness must be a free person. Because a
slave cannot give evidence without influence.
d) Not convict by law:-
witness must not be convict by
the court for any case.
ACCORDING TO HEDAYAH:-
He should be sane.
He should be adult.
He should be a truthful person.
He should fulfill the condition for Tazkia- tul- Shahood.
ACCORDING TO AL- KASANI:-

He should be good character person.

He should not give false statement.
His/Her mind should be normal.
11- STATUS OF WOMEN AS
WITNESS:-

Women are also competent witness

according to the Islamic law but not
in the hudood and cases of financial
transactions.
HISTORICAL BACKGROUND
Pre Islamic back ground:
In the pre Islamic age the
women are not allowed to
give witness. Or infect her
witness was not
admissible. .
In the early Jewish society
women are not allowed to
bear witness.
Because they consider the
women deficient in all
legal aspects
Women witness in
Islam:
Islam gives the equal
weight age to the evidence
of women as that of men
witness.
1- In Hudood Cases:-
The status of women in hudood cases is
nothing women cannot give testimony.
2- In Financial Transactions:-
In financial transactions the two
males or one male and two females are admissible.
3- In Tahzir:-
Beside hudood matters women can give
testimony in Tahzir cases.
 4. Women Cases
She is only competent to give testimony in such matters.
i) Pregnancy matters
ii) Virginity
5. Other Cases
Competent in giving testimony in all other cases
 12-SIGNIFICANCE OF WOMENS
EVIDENCE:-
By Hedayah:-
womens evidence is sufficient in some
cases except in hudood cases.
PLD 2001 SC 82:-
women are not competent as a witness in
hudood matters.
 15-TAZKIAH-TUL-SHAHOOD
Tazkiah-tul-shaood means:-
The mode of inquiry adopted by a court to satisfy
itself as to the credibility of a witness.

16- QUALIFICATION OF
TAZKIAH-TUL-SHAHOOD.
 16- QUALIFICATION OF TAZKIAH-
TUL-SHAHOOD
These are the qualifications of Tazkiah- tul-
Shahood:-
He should be a adult.
He should be a truthful person.

He should not be a sinner.

According to Sir Abdul-Raheem:-
According to him the
qualification of Tazkiah-tul-Shahood are bound to be a
competent witness.
17- KINDS OF
TAZKIAH-TUL-SHAHOOD
 18- NUMBER OF WITESS:-
1- IN THEFT :-
Two witnesses are required in Theft.
2- QAZF:-
Two witnesses are required in Qazf.
3- HARABAH:-
Two witnesses are required in Harabah.
4- ZINA :-
Four witnesses are required in Zina.
5- IN FEMALE CASES:-
One female are required in female cases.
 19- CONCLUSION:-
In Islamic law the quality of
evidence should be highly authentic. Evidence is
the most important and significance step of the
case. Necessary for just decision of the case. In
Ialamic law the females witness are inferior to
males witness.

2- Sir Abdul Rahim:-

The testimony of witness is not
superior because her weak character.
 One who conceals the
testimony and does not give true
testimony is sinful.
Al-Bakarah: 282