Tiêu đề Qanoon e Shahdat & Legal Ethics ✅

Q # 1: Who is competent to testify in law? Can the following persons be competent witnesses? 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 and decision of the case depends on the testimony which is given before the court by witness. Qanoon e Shahadat Order provides qualifications for a competent witness to appear as witness. It is very necessary that witness should be competent and reliable. 2. Relevant Provision  Section 3 to 14 of and 151 of Qanoor e Shahadat deals with competency of witness. 3. Definition of witness  Individual who provides evidence in legal proceedings before a court. Person who gives testimony under oath in court, relevant to what they have seen, heard, or otherwise observed. 4. Definition of competent 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 if they medically are fit 5. Doctrine of Tazkiya-Tu-Shahood  Under Islamic rules of law, doctrine of Tazkiya-Tu-Shahood is very important. It means those persons who appear before the court for testimony in this case the court is under an obligation to inquire the character and background of such witnesses. Kinds of Tazkiya Tu Shahood 1. Declared Tazkiya-Tu-Shahood 2. Secret Tazkiya-Tu-Shahood 6. Competency of following persons as witness Following are the persons on whose testimony the Qanoon e Shahadat provides some sections. Details are as under. 1. Competency of Child  Under article 3 of Qanoon e Shahadat Order, a child can appear before the court to give testimony in criminal cases and he will be considered as competent witness if the court satisfies that: 1. A child is completely able to understands the questions
2. A child is completely able to describe whatever he heard, seen at a crime scene 3. The testimony of a child witness is verified from another evidence 2. Competency of deaf (Hearing)  Under the provision of Qanoon e Shahadat Order, a deaf can appear before the court to give testimony in criminal cases and he will be considered as competent witness if the court satisfies that: 1. A deaf is completely able to understands the questions 2. A deaf is completely able to give answers by writing, signs or otherwise about whatever he seen at a crime scene 3. The testimony of a deaf witness is verified from another evidence 3. Competency of Dumb (Speaking)  Under the provision of Qanoon e Shahadat Order, a dumb can appear before the court to give testimony in criminal cases and he will be considered as competent witness if the court satisfies that: 1. A dumb is completely able to understands the questions 2. A dumb is completely able to give answers by writing, signs or otherwise about whatever he heard or seen at a crime scene 3. The testimony of a dumb witness is verified from another evidence 4. Competency of Lunatic  Under the provision of Qanoon e Shahadat Order, a lunatic can appear before the court to give testimony in criminal cases at his intervals and he will be considered as competent witness if the court satisfies that: 1. A lunatic is completely able to understands the questions at his intervals 2. A lunatic is completely able to give answers about whatever he heard or seen at a crime scene at his intervals 3. The testimony of a lunatic witness is verified from another evidence 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 questions put to them and must be able to tell whatever he heard or seen at the crime scene. 2. Must be Muslim  Witness should be a Muslim for testimony because disbeliever is not permitted to give testimony
3. Free from Perjury  Witness has not ever been convicted by Court for giving false testimony, if he is free from perjury, he is a competent witnes 4. Free from Prejudice  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. 5. Maturity  Witness should be of a mature mind and must be able to understand the facts related to criminal act 6. Eye-Sight  Witness should have perfect eye-sight and must be capable of being seen the facts 7. Speech  Witness must possess the capacity to communicate in hadood cases as well as criminal cases. 8. Strong Memory  Witness must has a good memory because person of bad memory is unacceptable as witness 8. Conditions for giving testimony Following are the 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. Conclusion  To conclude I can say that under the provision of Qanoon e Shahadat a witness is competent to appear to give testimony before the court if he has attained the age of majority, well reputation, good eye sight, communication skills, a Muslim and must be able to understand
the questions put to them. Under the provision of QSO, a child, deaf, dumb and a lunatic is also competent to give testimony under some circumstances.