P L D 1991 Federal Shariat Court 139
P L D 1991 Federal Shariat Court 139
P L D 1991 Federal Shariat Court 139
Versus
The first and second provisos are based on the Verses 4 and 5 of
Surah Al-Nur.
At the end of the third proviso it has been provided that "where
such witness is not forthcoming the Court may take evidence of a
witness who may be available". This clause seems apparently to
be in conflict with the accepted rules of a competent witness in
Shariah; but it has been provided to meet a situation where a
witness possessing the requisite qualifications or that the
witness(es) in requisite number, is not available, so that the rights
of the people may not be lost and the offenders should not go
unpunished. The clause seems to be based on the principle of
necessity which is recognized by the Shariah.
The word has been used at many places m the Hc1v Qur'an in the
same sense. It shows that the judgment should be based on justice.
The word is derived from the word and the same is fully explained
in the verse of the Holy Qur'an.