LEGAL PRINCIPLE: EVIDENCE LAW – Islamic Law – Evidence of Two Witnesses Preferred Over One Witness with Complementary Oath
PRINCIPLE STATEMENT
The evidence of two acceptable witnesses adduced by one side shall be preferred to the evidence of one acceptable witness called by the other side.
RATIO DECIDENDI (SOURCE)
Per Wali, JSC, in Umaru v. Abdul-Mutallabi (1998) NLC-371992(SC) at pp. 15–16; Paras D–A.
"The evidence of two acceptable witnesses adduced by one side of the parties to the litigation shall be preferred to the evidence of one acceptable witness called by the other side."
EXPLANATION / SCOPE
Under Islamic law, the weight of evidence is determined by the number of acceptable witnesses. Two witnesses outweigh one with a complementary oath. The principle applies to proceedings governed by Islamic law. The court must assess the acceptability of witnesses. The rule promotes evidentiary standards. The complementary oath does not have the same weight as a second witness. The principle is specific to Islamic law proceedings. The court will apply the rule where applicable. The opposing party may challenge the acceptability of witnesses.
