CHALLENGING WITNESSES AND ITS EFFECT ON THE COURSE OF LEGAL PROCEEDINGS ( (FIQHIATI STUDY)
- Assistant Professor, Faculty of Sharia and Law, Universiti Islam Antarabangsa Sultan Abdul Halim Muadzam Shah, (Uni SHAMS) , 09300, Kuala Ketil, Kedah, Malaysia.
- Prof. Madya. Dr., Kulliyyah of Shariah and Law, Universiti Islam Antarabangsa Sultan Abdul Halim Muadzam Shah, (UniSHAMS) , 09300, Kuala Ketil, Kedah, Malaysia.
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Testimony is the cornerstone of a legal case, much like the pillars upon which a building rests. Islamic jurists have devoted considerable attention to studying testimony in legal proceedings, clarifying the nature of testimony before a judge, the necessary qualifications of witnesses, and the various categories of testimony, including bearing witness, giving testimony, and the conditions for each category.Among the issues discussed by jurists is the challenge to witnesses and the rejection of their testimony before a judge. They explored the grounds that allow a judge to reject testimony and challenge witnesses, the impact of such challenges on the course of legal proceedings in terms of acceptance or rejection,and the resulting consequences.This research paper attempts to examine the issue of challenging witnesses and the rejection of their testimony before a judge. It identifies who has the right to challenge testimony, the criteria for rejecting testimony according to Islamic jurists, methods for avoiding rejection through witness attestation, the conditions for attesting to witness reliability, and the consequences of such attestation. This is achieved by answering several questions through a comparative approach to presenting the issue and an analytical approach by presenting the opinions of jurists, analyzing and discussing their evidence, and identifying the most sound opinion.
Ahmed Ramadan Mohmed Ahmed Harec et, al (2026); CHALLENGING WITNESSES AND ITS EFFECT ON THE COURSE OF LEGAL PROCEEDINGS ( (FIQHIATI STUDY), Int. J. of Adv. Res., 14 (03), 1417-1425, ISSN 2320-5407. DOI URL: https://dx.doi.org/10.21474/IJAR01/23129
Assistant Professor, Faculty of Sharia and Law, (UniSHAMS) University Islamic International Sultan Abdul Halim Most Shah. , 09300, Kuala Ketil, Kedah, Malaysia
Malaysia






