International Journal For Multidisciplinary Research

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Volume 8 Issue 5
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Testimony (Shahādah) in Islamic Jurisprudence in Light of Juristic Maxims and Legal Parameters: A Comparative Analytical Study of the Rulings on Acceptance, Rejection, and Their Legal Effects

Author(s) Mr. Mohammad Nasim
Country Bangladesh
Abstract Testimony (al-shahādah) is a principal means of proof before the judge in Islamic law, yet its rules are dispersed across the chapters on adjudication, claims and evidence, and are often stated as legal maxims (al-qawāʿid al-fiqhiyyah) and chapter-specific rules (al-ḍawābiṭ al-fiqhiyyah) without classification, without an indication of the source of each formulation, and without a statement of how far the schools agree on it. This study identifies fifteen maxims and rules that govern the acceptance, rejection and effect of testimony; classifies them into five thematic axes (the witness’s knowledge and competence, the avoidance of suspicion, the number and content of testimony, impeachment, delivery and effect, and the claim); examines the textual and rational grounds of each; states where the schools agree and where they differ; and assesses their suitability for present-day judicial practice. It follows an inductive, analytical and comparative method, tracing each formulation to the juristic work in which it appears. The findings are that the maxims derive from four underlying principles: certainty (al-yaqīn), the avoidance of suspicion (darʾ al-tuhmah), competence and authority (al-ahliyyah wa-l-wilāyah), and the protection of people’s rights through the judge’s confirmation (al-iḥtiyāṭ li-ḥuqūq al-nās); that several maxims are agreed upon in principle but disputed in application; that others are school-specific in formulation and cannot be stated as universal; and that maxims grounded in suspicion or necessity, rather than in a text, should be applied in light of their underlying reason.
Keywords Testimony, Islamic Jurisprudence, Juristic Maxims, Juristic Guidelines, Acceptance of Testimony, Rejection of Testimony, Competency of Witnesses, Justice, Judicial Evidence, Legal Effects.
Field Arts
Published In Volume 8, Issue 5, September-October 2026
Published On 2026-10-11
DOI https://doi.org/10.36948/ijfmr.2026.v08i05.89225
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CrossRef DOI prefix of IJFMR is 10.36948/ijfmr

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