LEGAL PRINCIPLE: ISLAMIC LAW – Evidence – Competence of Parties as Witnesses
PRINCIPLE STATEMENT
Under Islamic law, unlike English law, parties are not competent witnesses in their respective claims, hence their statements in court would not be regarded as evidence, but something akin to a statement of claim or defence.
RATIO DECIDENDI (SOURCE)
Per Mohammed, JSC, in Jatau v. Mailafiya (1998) NLC-2151994(SC) at p. 9; Paras A–B.
"Under Islamic law, unlike English law, parties are not competent witnesses in their respective claims, hence their statements in court would not be regarded as evidence, but something akin to statement of claim or defence in the High Court."
EXPLANATION / SCOPE
Under Islamic law, parties cannot testify for themselves. Their statements are treated as pleadings, not evidence. The principle applies to proceedings governed by Islamic law. The party must call witnesses. The rule differs from English common law. The court will not treat party statements as evidence. The principle ensures impartial testimony.
