The Relationship Between Witnessing and Doubt in Islamic Law

Abstract

The rules laid down by Islam are those aimed at protecting life, property, progeny, reason, and religion, known as the "zuret-i hamse" (essential obligation). In judicial cases, witness testimony is accepted as religious evidence in courts, which are responsible for upholding the five fundamental principles and upholding justice. The role of witness evidence is very important in clarifying an event in the court and eliminating the hesitations in the minds of the judge and the public. In Islamic law, certain rules/conditions have been established for witness testimony in various cases, depending on the nature of the case. Accordingly, in adultery cases, four men must be present, while in other cases, two men or one man and two women must be present. The establishment of these conditions is intended to ensure trust in justice and to eliminate suspicion and accusations. The judge presiding over the trial must be mindful of their social life, maintain an equal distance between both parties, and conduct the investigation within the established procedure. As for the witnesses, issues such as their qualifications, social status, living according to justice, their offer/offer status in terms of being qualified to testify, whether there is a relative or close relative in the case in which they will testify, and the psychological state of the person who testifies are directly related to suspicion. To ensure justice and avoid doubt in decisions, the exclusion of testimony from evidence, taking into account a person's psychological state, has been discussed in positive law. However, despite this, testimony has not been abandoned. Scholars of Islamic jurisprudence, however, have instead determined the criteria for those who can be heard as witnesses, based on Islamic law (fiqh) and ethics, as well as on the basis of religious texts. The testimony of women, which has always been a hot topic and a focal point of debate, is closely linked to suspicion. Because witnessing is a burdensome responsibility, it has been aimed to exclude women from this responsibility. In cases such as birth, virginity, and lineage, women are permitted to testify alone. In examining issues related to testimony, the classical and voluminous sources of the four schools of Islamic jurisprudence have been primarily used. The aim is to establish the relationship between doubt and testimony based on the rulings found in these works. Accordingly, the inductive method, which provides a holistic presentation of the relevant rulings, has been preferred in this study.