ARBIC-5 Rules and Principles of Evidence in Shariah & Pakistani Law (A Comparative study between Islamic law and Pakistani Law)

Abstract

After Trust in Allah the Shahadah (Evidence)  plays very substantial role in the declaration of Sharia guidelines which certify a peaceful and restful socity.Evidence  has been certified a great worship in all the Islamic schools of considerations. The impartial of this article is to understand and  throw  light on the clear position of a witness, his assertiveness, behavior and his professional accountabilities. This article deliberates a comparative study of the qualification and characteristics of a witness in perspective of Sharia and Pakistani laws. This article has a great importance for law authorities; it will also be helpful for judicial body, and its ethics etc. The research question  for this article is a comparative analysis of the Courts system of Pakistan and its restriction in circle of Islamic law and Sharia perceptions. It is a study of thoughts and ideas so I choose qualitative, comparative method of research for this persistence. As I wrote the main text of Pakistani Acts about witness behaviors, after that I made translate it then I brought the text of Sharia against the law and it would be compared each other according the sharia viewpoints. Therefore this article would be helpful and useful to all who may concerned with judiciary services. Also it will serve as a guideline and basic steps and as a road map in future for legislation on the judicial ethics according to Sharia rules. The special angle of this article is the comparison of Sharia Judges and common government civil law based judges, their activities and characteristics according to sharia standards.