Islamization of Law of Evidence in Pakistan with Specific Reference to Testimony of a Woman

12 Pages Posted: 18 Jun 2020

See all articles by Muhammad Atif Aslam Rao

Muhammad Atif Aslam Rao

Department of Islamic Learning, Faculty of Islamic Studies, University of Karachi, Karachi; Academy of Islamic Studies Universiti Malaya; Institute of Social Sciences and Development

Date Written: May 24, 2020

Abstract

The subject matter of any case contains many facts proved by anyone of the parties to have a decision in his favour from a court of law. The primary objective of the law of evidence is to prescribe the rules to prove the facts of the case assisting the court of law in any case. The Law of Evidence forms a foundation for administration of justice in every legal system. This is considered a system of rules for disputed questions of fact in judicial inquiries. This law determines and helps to enforce the liability or grant aright on the basis of facts presented in the court of law. Islamic Law of Evidence is manifest due to the Islamic System of administration of justice and it rules are framed by the Law giver on the basis of primary sources of Islamic Law whereas the rules of other evidence law are made by the people. The current paper discusses the process of Islamization in Islamic Republic of Pakistan. It focuses on the Law of Evidence that how it is Islamized. It also highlights the specific legal provisions of Pakistani Law of Evidence were Islamized and indicates the role of some other constitutional institutions of Pakistan in Islamization of Law of Evidence.

Keywords: Law of Evidence, Islamization, Pakistan, Qanun-e-Shahadat Order 1984

JEL Classification: Z12

Suggested Citation

Rao, Muhammad Atif Aslam and Rao, Muhammad Atif Aslam, Islamization of Law of Evidence in Pakistan with Specific Reference to Testimony of a Woman (May 24, 2020). Available at SSRN: https://ssrn.com/abstract=3609096 or http://dx.doi.org/10.2139/ssrn.3609096

Muhammad Atif Aslam Rao (Contact Author)

Department of Islamic Learning, Faculty of Islamic Studies, University of Karachi, Karachi ( email )

University Road
Karachi, PA Sindh 72570
Pakistan

HOME PAGE: http://www.uok.edu.pk/faculties/islamiclearning/faculty.php

Academy of Islamic Studies Universiti Malaya ( email )

University of Malaya, 50603 Kuala Lumpur, MALAYSIA
Kuala Lumpur, MA 50603
Malaysia

Institute of Social Sciences and Development

RS 46 3rd Floor Govt. Teachers Housing Society
Karachi, PA Sindh 75200
Pakistan
00923212140747 (Phone)

HOME PAGE: http://afkar.com.pk/index.php

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