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There are several methods of proof in Islamic Law to prove or disapprove the disputes and controversies such as confession, testimony, circumstantial and documentary evidences. After admission, testimony is considered the authentic mode of proving or disproving the facts in matters for administration of justice in the controversies arising amongst the people and brought before the courts of law. The judge has to rely on the testimony in deciding the cases of every nature; civil, criminal, family and financial matters. The general rule of Islamic Law is that the plaintiff is to prove the facts in the case because he alleges, and the defendant has to take an oath because he denies the facts and claims made by the plaintiff. Testimony is an absolute proof and its basic objective is to prove what is contrary to the apparent fact. The testimony of witnesses has a pivotal and paramount importance in Islamic Law as well as in the legal system of Pakistan to resolve the disputes and controversies for administration of justice and peace in the society. The current paper denotes the definition of testimony as discussed by the Muslim Jurists and describes its importance in the light of Islamic Law. It also manifests the legitimacy of testimony from the primary sources of Islamic Law such as Qur’ān, Sunnah, Consensus and Rational. The main focus of the present paper is on the testimony as an authentic proof of Islamic Law and the legal system of Pakistan.
Dr. Hafiz Muhammad Siddique,. (2019) Testimony as a Method of Proof in Islamic Law & Legal System of Pakistan, AFKĀR (Journal of Islamic & Religious Studies) , Volume 3, Issue 1.
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