Law of Evidence

M.Haseef Hamid F2017117052

Q1.Has the status of women lowered in Pakistan because of article 17? Can it be said
that the article has diminished legal remedies for women? Does this article violate
article 25 of the constitution?

Ans. Article 17 of Pakistan’s Qanun-e-Shahadat Order, 1984 (Law of Evidence) provides that women’s
testimony is worth half that of men in certain civil matters.

Article 17. Competence and number of witnesses.

(1) The competence of a person to testify, and the number of witnesses required in any case shall be
determined in accordance with the injunctions of Islam as laid down in the Holy Quran and Sunnah.

(2) Unless otherwise provided in any law relating to the enforcement of Hudood or any other special
law,

(a) in matters pertaining to financial or future obligations, if reduced to writing, the instrument shall be
attested by two men, or one man and two women, so that one may remind the other, if necessary, and
evidence shall be led accordingly; and

(b) in all other matters, the Court may accept, or act on, the testimony of one man or one woman or
such other evidence as the circumstances of the case may warrant.

For the Answer of the question has the status of women lowered in Pakistan because of article 17 there
can be a long debate from many school of thoughts regarding this law for that we need to discuss and
understand the basis behind this law. Every country have its own legal frame work and foundation when
it comes to constitution of the country,Pakistan constitution based on Islamic principles when it comes
to the law making process it is clearly mentioned in the beginning of the preamble of Pakistan that

“Whereas sovereignty over the entire Universe belongs to Almighty Allah alone, and
the authority to be exercised by the people of Pakistan within the limits prescribed
by Him is a sacred trust”

It is also mentioned it the article 31 of the constitution that

31.Islamic way of life.
(1)Steps shall be taken to enable the Muslims of Pakistan, individually and collectively, to order
their lives in accordance with the fundamental principles and basic concepts of Islam and to
provide facilities whereby they may be enabled to understand the meaning of life according to
the Holy Quran and Sunnah.

(2) The state shall endeavour, as respects the Muslims of Pakistan :-

(a) to make the teaching of the Holy Quran and Islamiat compulsory, to encourage and
facilitate the learning of Arabic language and to secure correct and exact printing and
publishing of the Holy Quran;

(b) to promote unity and the observance of the Islamic moral standards; and

(c) to secure the proper organisation of zakat, 43[ushr, ] 43auqaf and mosques.

For that reason it is only in the case of case of financial cases the testimony of 2 women and
one man is required as it is according Injunctions whereas when it comes to the cases of
hudood or in all other matters, the Court may accept, or act on, the testimony of one man or
one woman or such other evidence as the circumstances of the case may warrant this clearly
shows that the women status have not been lowered as also in Quran it was mentioned that

“And if there are not two men (available), then a man and two women, such as you
agree for witnesses, so that if one of them (two women) errs, the other can remind her”

The last versus clear shows that the other can remind her which means as duo to social
economic culture of Muslims man and women have two different responsibilities women have
to control the house and man have to protect and provide all the needs of the family it was just
for caution that due to less interaction with outer world one can forgot so the other remind
here where is in all other evidences of women it is equal to man as in the case of 1990 PCRLJ
73: No particular number of witnesses is required for proof of a fact, and finding may be based
on testimony of a single witness. Art 17 attaches more importance to quality not quantity. Is
clearly mentioned so the ans is clear that no the status of women has not lowered in Pakistan
because of article 17 and it Canot it be said that the article has diminished legal remedies
for women as clearly seen in courts rulings also .

Article 25 of the Constitution of Pakistan: (1) All citizens are equal before law and are entitled
to equal protection of law. (2) There shall be no discrimination on the basis of sex.
(3) Nothing in this Article shall prevent the State from making any special provision for the
protection of women and children.

Does this article violate article 25 of the constitution?

Our Constitution is a mixture of different constitutions such as British adopted constitution,

Islamic sharia and many amendments with the need of time which judges elaborated in a there
ruling’s what constitution really meant for the citizens of Pakistan when we sees the ruling of
the cases given as under it is shown clearly judges gives equal status to women and article 17 of
qanon e shahdat ordinance doesn’t violate article 25 of the constitution of Pakistan except in
the cases of financial matters

Quality & not quantity of evidence Required

1- NLR 1984 CRLJ 421: Plurality of witnesses is not required for proof of a crime. Courts should
be concerned with quality & not quantity of evidence necessary for proving or disproving a fact.

2- 1990 PCRLJ 73: No particular number of witnesses is required for proof of a fact, and finding
may be based on testimony of a single witness. Art 17 attaches more importance to quality not
quantity.

3-AIR 1953 Nag.351: No particular number of witnesses is required in any case. Simply because
the statement is of one witness that cannot by itself be a ground for not acting upon the
testimony.