Kinds Of Evidence In Islamic Law Of Evidence

Islam has laid down some specific laws for smooth running of the society. Law of evidence is one of them. According to Islamic Law, there are various kinds of evidence. Some are suggested and endorsed by the courts and some are accomplished in special and certain conditions. Some of them are discussed here.

Universal Evidence

In Universal evidence, a great number of people give evidence against an incident or matter. It depends on the statements of many people. The basic logic or ideology behind this type evidence reflects that if many people repeat same statement, then it is difficult to consider their words as false. For example, oral statements of some persons in persistence about incidence of theft are measured adequate evidence and the similar is universal evidence.

Documentary Evidence

In documentary evidence, when evidence is produced beforehand the court and same evidence is presented in written or signed form. This type of evidence depends on documents. For instance, production of registered Tamleeknama in the court is kind of documentary evidence.

Circumstantial Evidence

When some convinced evidence is not obtainable in some apparent procedure about some substance or incidence of an event, then evidence is originated from the conditions about the substance or manifestation of the happening, and such is called circumstantial evidence. Typically, such type of evidence is indirect evidence. For example, if robber overlooked his ring during theft, then it will be originated from the conditions whether this ring is property of thieve or not.

Admission or Acknowledgement Evidence

If a suspect confesses or recognizes that he/she has done some wrongdoing, then such confession of acknowledgement is evidence against the suspect. However, the court can carry the suspect the he is not destined to make such permission can be produced against him/her. In adding to this transportation, the court has to reflect the following conditions before announcing its decision on the basis of such admission or acknowledgement. In evidence, it is important that admission must be produced free from any force or threat. Moreover, acknowledgment must not be in inconsistency to the facts of the case.

Hear-say Evidence

If some witness says that he has not any link with information and knowledge about the incident and has not observe the existence of an incident but has come across it through others distributing knowledge or news about the happening of event, then such type of evidence is termed as hear-say evidence.

Some qualifications and conditions of a competent witness are mentioned in Islamic law. A witness must be Muslim and male. He should be sound mind and possess reliable character. He must be pious and major. According to Muslim jurists, he should be bodily suitable and capable to record witness. He must hold goodness and moral uprightness. Islamic legal rules have also mentioned the grounds on which a witness can be disqualified. A person who is insane, idiot and lunatic, is not capable of being witness. Non-Muslim, enemy, patient of short memory, hypocrite, liar, convicted of Qazf and bad character are some features of disqualification from being a Witness.