SOAS Research Online

Abstract

The thesis aims to look into the law of witness testimony in Pakistan and Bangladesh. In the last decade Pakistan has launched an Islamisation programme affecting many areas of life including witness testimony. The changes brought about in Pakistan in the area of witness testimony through recent legislation from 1979 onwards are discussed, and compared with the status quo maintained in the same area by Bangladesh, formerly East Pakistan, for more than a century. The ease law of both countries are used as the primary source in understanding the development of the law of witness testimony. The finding of the thesis is that although in theory Pakistan has moved away from the century old law, it in fact still follows in practice the old law in a new framework of Islamic law. This is evident specially as there is very little difference between the practice in Pakistan and Bangladesh. The reason could be twofold: a) The society in Pakistan is yet not ready to accept the changes brought in the name of Islam or b) the age old law enunciated during the British period in the form of legislation, and thereafter practised throughout, was very much Islamic. This thesis is mostly built up on the latter rationale. Through the discussion and reference to case law, the law of witness testimony that has evolved so far is also given a comprehensive shape.