Whether a witness under Islamic law procedure is required to take oath before giving evidence
“I am happy that his Lordship has come out clearly and correctly, and discussed the issue of Oath taking under Islamic law procedure. It is clearly the consensus of jurists that there was no need for a witness to take oath or to be sworn in before he can testify in Court. A witness in Islamic law procedure is most respected and revered so much that nobody will be allowed to disgrace him by asking him to swear before he can be allowed to give evidence. It is trite that he is just like a saint, nobody should doubt his capacity to tell the truth until and unless when he is declared as a Fasiq then he will be disqualified to take oath. Any competent witness who offered to take oath before he can testify his evidence will not only be regarded as useless but also inadmissible. That is why such oath has no name. It is not qualified to be called “an oath”. I refer to KHIRSHEE and BAHJA Commentary on TUHFATUL-HUKKAM.
The whole evidence of the respondent’s witnesses, who took oath before testifying could have been declared inadmissible by me if not because the learned trial Judge did not rely heavily and solely on their evidence.”
MAIGARI & ORS v. BIDA (2001) LPELR-7024(CA)
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