LEGAL PRINCIPLE: EVIDENCE LAW – Admissibility of Evidence – Preference for Oral Testimony under Islamic Law
PRINCIPLE STATEMENT
Under Islamic law, where the maker of a document is available, their viva voce evidence is preferable to the contents of a document written by them; it is not permissible to admit in evidence a statement reduced into writing when the maker is physically available to testify.
RATIO DECIDENDI (SOURCE)
"Under Islamic law, where the maker of a document is available, his viva voce evidence is preferable to the contents of a document written by him. It is not permissible to admit in evidence a statement reduced into writing when the maker is physically available to testify."
EXPLANATION / SCOPE
Islamic law prefers oral testimony over documentary evidence when the witness is available. The rationale: oral testimony allows cross-examination, observation of demeanor, clarification of ambiguities, and testing credibility—benefits unavailable with documents. This differs from common law’s preference for documentary evidence in some contexts. Under Islamic law, documents should not be admitted when the maker can testify orally. This ensures: direct evidence from the source, opportunity to cross-examine, and assessment of witness credibility. However, documents remain admissible when makers are: deceased, unavailable, or unable to testify. This principle applies in Sharia courts and cases governed by Islamic law, reflecting Islamic legal tradition’s emphasis on witness testimony and oral tradition over written documentation.