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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:-
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:-
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.