An-Najah University Journal for Research - B (Humanities)


This research studies one of the methods of proof in Islamic Shari'a's claims which is called "Testimony ". This research includes a definition of testimony through explaining its concept, its terms, and the effect of not abiding by its regulations. In addition, the research studies the types of testimony, the power of the testimony in proof, as well as the authority of court regarding testimonial proof. Moreover, it studies the procedures of testimonial proof as performed in front of courts, and the effect of not following these procedures. Specifically, I focus on Islamic Procedures law applicable in the West Bank, and Majalet Al-Ahkam Al-Adlieh (the ottoman courts manual), in addition to the opinions of Muslim Jurists, Islamic Shari'a, and the court's judgments that are related to testimony to the extent necessary for the research objectives. Because testimony is one of the most important and the most used methods of proof in front of Shari'a courts, it is also the main method of proof in Islamic jurisprudence.