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RULES ON EVIDENCE (BAYYINA)

Evidence (bayyina)- The word bayyina in the hadith is from the


root word “”bayan” which means “to explain in a clear cut manner”.
Bayyina, which literally means “clearness” is anything which clarifies,
explains or proves any, matter of interest in a litigation. Technically, it is
defined as a means of obtaining the proof in a case before the court. It is
the means recognized by law of ascertaining in a judicial proceeding the
truth respecting a matter of fact.

Classification of evidence under Muslim law: 1) Shahadah


(testimonial evidence); 2) Igrar (Admission); and 3) Yamin (Oath).

I.
Testimonial Evidence

Basis of testimonial evidence: Qur’an II:283 “Conceal not your


testimony, for whoever conceals his testimony is an offense”. Qur’an
II:282 “The witnesses should not refuse when they are called on (for
evidence). See also Surah Al-Nisa 4:135.

Testimonial evidence – In Shari’a, the word shahada is to give


information by word (shadah), when two parties are face to face and in
the presence of the judge, when to prove the right which one person has
against another.

Components of testimonial evidence (Shahadah): 1) Shahid, the


person who gives the evidence; 2) Mesh-hud-leh, the person for whom
the evidence is given; 3) Mesh-hud-aleh, the person against whom the
evidence is given. (In the case of shadah, the following should be added:)
4) The specific words indicating a testimony; and 5) The subject matter
of testimony.

Classification of testimonial evidence (shahadah): 1) Universal


testimony (tawatur); 2) Isolated or single testimony (ahad); and 3)
Admission (Igrar).

Qualification of witnesses under Muslim law: 1) Muslim (Qura’n


IV:141); 2) Adult; 3) Sound mind; 4) Irreproachable character (adil); and
5) Possessed of organs of sense.
Disqualification to be witnesses: 1) A blind man in matters which
has to be proved by ocular testimony; 2) Slanderer [Qur’an LXIV:48); 3)
Fornicator; 4)Murderer; 5) Thief; 6) Drunkard; 7) A bias witness due to
close relatives; 8) Prostitute; 9) Usurers; 10) Minor; and 11) Habitually
known liar.

“TAADLE” is the process of accrediting the competence and


character of a witness by presenting two honorable persons known to
the judge to testify to the good character of the witness whom it is
desired to be admitted.

“TAJRIH” is the process of impugning the character of a witness on


one side.

As a suppletory rule on character of a witness, see Sec. 14, Rule


132, Rues of Court.

Number of witnesses required to prove certain facts under the


Muslim law:

1) Four (4) witnesses

a) Adultery
b) Fornication. (See Surah Al-Nisa IV:15; Sura Al-Nur XXIV:4)

2) Three (3) male witnesses

a) Imam Hanbali and Hanifa – Richman to prove his poverty


(fagir)

3) Two (2) male witnesses

a) All matters of (fixed) or had offenses;


b) Cases involving bonds, handnotes, mortgage and other
contracts;
c) To prove a culprit’s confession of fornication, although
other jurists say four (4) male witnesses;
d) Assignment of debts and security, such as right of option, or
a term of payment; and
e) All other contracts and contested cases. (see Surah Al-
Maidah V:106; Quran 65:2)

4) One (1) Muslim male and two (2) Muslim female witnesses

a) Property- sales, loans, debts, bonds, handnotes, mortgage,


and other deeds or contracts, where there are no two men
witnesses available. (see Qur’an II:282)

5) One (1) Muslim male and the Oath of the plaintiff

a) All cases involving property. The four (4) Rightly Guided


Caliphs and Shafii and Hanbali agreed, but Imam Hanafi, Al-
Anzai and Al-Layth, one of the followers of Imam Malik, do
not agree.

6) Muslim women

a) Birth, female genital and other defects, lactation, virginity,


sucking, and determination of idda etc.

7) One (1) Muslim male

a) Cases involving property.

Suppletory rules of the Rules of Court:

Sec. 20, Rule 130 (Qualification of witnesses)


Sec. 21, Rule 130 (Disqualification by reason of mental incapacity or
immaturity)
Sec. 22, Rule 130 (Disqualification by reason of marriage)
Sec. 23, Rule 130 (Disqualification by reason of death or insanity of
adverse party)
Sec. 24, Rule 130 (Disqualification by reason of privilege communication)
Sec. 25, Rule 130 (Parental and filial privilege)

Suppletory provisions of the Rules of Court on hearsay evidence


Sec. 36, Rule 130 (Testimony generally confined to personal knowledge;
hearsay excluded)
Sec. 37, Rule 130 (Dying declaration)
Sec. 38, Rule 130 (Declaration against interest)
Sec. 39, Rule 130 (Act or declaration about pedigree)
Sec. 40, Rule 130 (Family reputation or tradition regarding pedigree)
Sec. 41, Rule 130 (Common reputation)
Sec. 42, Rule 130 (Part of the res gestate)
Sec. 43, Rule 130 (Entries in the course of business)
Sec. 44, Rule 130 (Entries in official records)
Sec. 45, Rule 130 (Commercial list and the like)
Sec. 46, Rule 130 (Learned treatises)
Sec. 47, Rule 130 (Testimony or deposition at former proceedings)

II.
Admission (Igrar)

Quranic basis: Qur’an IV:135 “O ye who believe! Be staunch in


justice, witnesses for God even though it be against yourself”. Hadith:
“Speak the truth even though it be against yourself”.

Admission – “Igrar” means admission or recognition (itiraf). Shafii


defined igrar as the testimony of the existence of a proved right against
the maker of the admission himself, while Hanbali defined it as an
admission of a right enforceable against oneself for the benefit of
another.

Requisites for admission: 1) Adult (baligh) and sane (Mukallaf); 2)


It must be made by the mugirr himself; 3) It must be given voluntarily
and freely; 4) The admission must definite or known; 5) The clear state
of things should not contradict an admission; 6) The admission must be
unconditional; 7) It must be made through serious language and
demeanor; and 8) The mugirrun and mugirrum bihi must be known.

Admission by silence (Bayanu’d Darurat) and Estoppel (Tanagus)-It


is a rule whereby evidence is not allowed against certain fact having
regard to the conduct of the party desiring to adduce such evidence. See
Art. 1431, New Civil Code of the Philippines.

Suppletory Rules: Rule 130, Rules of Court


Sec. 20-Admission of a party
Sec. 27-Offer of compromise not admissible
Sec. 28-Admission by third party
Sec. 29-Admission by co-partner
Sec. 30-Admission by conspirator
Sec. 31-Admission by privies
Sec.32-Admission by silence
Sec.33-Confession
III.
Documentary evidence

Basis in Quran: Surah Al-Baqarah II: 282 “When ye deal with each
other, in transactions involving future obligations, in a fixed period of
time, reduce them into writing”.

Documentary evidences are deeds, agreements, titles, receipts,


and other written instruments used to prove a fact. According to Islamic
law, it includes any written, printed or inscribed material which gives
information.

Istihsan or preference as basis of admitting documentary


evidence. As a general rule, under Islamic Procedural Law, documentary
evidence falls outside the recognized methods of proof like testimony,
admission and oath. However, as people began to depend more and
more upon written documents in their transaction, later jurists accepted
writing through istihsan or preference.

Suppletory provisions of the Rules of Court on Documentary Evidence


Sec. 3, Rule 130 (Original document must be produced, exceptions)
Sec. 4, Rule 130 (Original of documents)
Sec. 9, Rule 130 (Evidence of written documents)

Suppletory provisions of the Rules of Court on authentication of


documents

Sec. 19, Rule 132 (Classes of documents)


Sec. 20, Rule 132 (Proof of private documents)

IV.
Circumstantial evidence

Basis in the Qur’an: Al-Yusoph XII:5


“QARINAT” (presumption) literally means “relation, linkage”.
Technically, it is the logical inference drawn from something done, or
from circumstances by virtue of which the matter becomes definitive
and certain; a form of evidence used as proof based from related
circumstances that ultimately and logically leads to a conclusive proof.

Circumstantial evidence – Testimony not based on actual personal


knowledge or observation of facts in controversy, but of other facts from
which declarations are drawn, showing indirectly the facts sought to be
proved.

Suppletory provisions of the Rules of Court on circumstantial evidence


Sec. 4, Rule 133 (Circumstantial evidence)

Suppletory provisions of the Rules of Court on presumptive evidence


Sec. 2, Rule 131 (Conclusive presumption)
Sec. 3, Rule 131 (Disputable presumption)

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