Concept of Bayyinah and Syahadah in Islamic Evidence Law

CONCEPT OF
BAYYINAH
AND
SHAHADAH
NURUL SHAFINAZ BINTI MOHD ADNAN 1726182
Question
Discuss the concepts of bayyinah and syahadah
in the context of law of evidence in Islam as
explained by jurists and their application under
the Syariah Court Evidence (Federal Territories)
Act 1997 as well as in the Qanun-e-Shahadat
Order 1984.
Definition of Bayyinah
Section 3 of FT Act Section 3 of SCEOB Prof. Saedon

Evidence which proves (Ibn. Qayyim)
Includes anything
a right or interest and Anything which clarifies, required by the court to
includes qarinah. explains a right or arrive at just decision.
interest.
Definition of Shahadah
Literal Legal
News or information which Information about a right/
is authentic i.e speech interest for the benefit of
which described an event another person preceded
that was previously by the words “I bear
witnessed witness…”
JURISTIC VIEWS
1. Jumhur
Bayyinah = Shahadah
Authority
❏ ‫ان َذ َوا َع ْد ٍل‬
ِ َ ‫ين ال َْو ِصي َّ ِة اثْن‬ ُ ‫اد ُة بَي ْ ِنك ُْم ِإ َذا َح َض َر أ َ َح َدك ُُم ال َْم ْو‬
َ ‫ت ِح‬ َ ‫آمنُوا َش َه‬ َ ‫يَا أَيُّ َها ال َّ ِذ‬
َ ‫ين‬
‫ان ِم ْن َغيْ ِرك ُْم‬ َ ‫ِمنْك ُْم أ َ ْو آ‬
ِ ‫خ َر‬
“O you who believe! When death draws night to one of you,
at the time of bequest, let two just men from among you bear
witness between you.”
‫يديْ ِن ِم ْن ِر َجالِك ُْم‬
َ ‫استَ ْش ِه ُدوا َش ِه‬
ْ ‫َو‬
“And bring to witness two witnesses from among your man.”
❏ Li’an case - Hilal bin Umayyah "‫ي ظـهـرك‬

‫…" لاــبينة أو حد فـــ‬
2. Ibn. Qayyim
Bayyinah
Shahadah
Authority
ُ َ ‫َوما تَ َف َر َق ال َّ ِذ‬
َ ‫اب ِإلَّا ِم ْن بَ ْع ِد َما َج‬
‫اءتْ ُه ُم ال ْبَ ِي ّن َ ُة‬ َ َ‫ين أوتُوا ال ْ ِكت‬ ّ َ
“Nor did those who were given the Scripture become divided
until after there had come to them clear evidence.”
ِ َ ‫ل َ َق ْد أ َ ْر َسلْنَا ُر ُسلَنَا ِب ال ْبَ ِيّن‬

‫ات‬
“We sent a foretime Our messengers with clear signs/ proof.”
َ ‫ق ُْل ِإ ِن ّي‬
‫عل َٰى بَ ِيّن َ ٍة ِم ْن َر ِبّي‬
“Say for me I work on a clear sign from my Lord.”
3. Ibn. Hazim
Bayyinah
Shahadah
+
Special knowledge of Qadi which is
obtained outside court as a layman
Authority
َ ‫اء لِل َّ ِه َول َْو َعل َٰىأَنْفُ ِسك ُْم أ َ ِو ال َْوالِ َديْ ِن َوال ْأَق َْر ِب‬
‫ين‬ َ ‫ين ِبال ْ ِق ْس ِط ُش َه َد‬ ِ ‫آمنُوا ك ُونُوا َق َّو‬
َ ‫ام‬ َ ‫يَا أَيُّ َها ال َّ ِذ‬
َ ‫ين‬
“O you who have believed, be persistently standing firm in justice,

witnesses for Allah, even if it be against yourselves or parents and
relatives
QADHI
Knowledge acquired during Knowledge obtained outside the

court proceeding court as a layman
Jumhur Azzahiri & Ibn Hazim

NOT ALLOWED. As ALLOWED. More
it will lead to tohmah. convincing as it is the
judge’s own knowledge
Application under the Syariah Court Evidence
(Federal Territories) Act 1997
● Section 83: Competent to give bayyinah but not shahadah.
(unsound mind, not baligh, forgetful person, a person whose
credibility is suspected due to good/ bad relationship with the
adverse party)
● Section 84: A witness who is unable to speak may give his
bayyinah in writing / signs.
● Section 85: bayyinah & shahadah- husband x wife; child x
parents
shahadah only- husband for wife; child for parents
RMY v KSM [2020] 2 SHLR
28● The wife had filed a ta’liq divorce
on the allegation that the husb had
violated his ta’liq
● The court were satisfied with the
wife’s evidence that ta’liq was
pronounced by the husb during the
marriage solemnisation
● The court accept the evidence as
bayyinah and allowed the wife’s
application
JA v NY [2019] 2 SHLR
46
● The witness is defendant’s child.
● The court accept defendant
witness’ testimony as bayyinah.
● According to s85 of EKMS 2003,
evidence of a child for his parent
is admissible as bayyinah
Application under the Qanun e-Syahadat
Order 1984
Article 3
All persons shall be competent to testify unless if he is unable to give
a rational answer to the questions
A person is incompetent to testify if he has been convicted for

committing perjury or giving false evidence unless he has repented
thereafter and mended his ways
The court shall determine the competence of a witness as prescribed in

the QS
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CONCEPT OF

Section 3 of FT Act Section 3 of SCEOB Prof. Saedon

❏ Li’an case - Hilal bin Umayyah "‫ي ظـهـرك‬

ِ َ ‫ل َ َق ْد أ َ ْر َسلْنَا ُر ُسلَنَا ِب ال ْبَ ِيّن‬

“O you who have believed, be persistently standing firm in justice,

Knowledge acquired during Knowledge obtained outside the

Jumhur Azzahiri & Ibn Hazim

A person is incompetent to testify if he has been convicted for

The court shall determine the competence of a witness as prescribed in

CREDITS: This presentation template was created by Slidesgo,

Please keep this slide for attribution

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