The legal validity of testimony as evidence (a comparative study)

Abstract

This research explores "The Evidentiary Value of Testimony – A Comparative Study" and the factors that influence the weight given to testimony as evidence in both civil and criminal cases. It analyzes the legal and Sharia-based foundations that confer credibility upon testimony and assesses its effectiveness in comparison with other evidentiary tools. In the first chapter, the study discusses the theoretical framework of testimony, including its definition, conditions, types, and admissibility before courts. The second chapter focuses on comparative judicial applications, highlighting the differences between various legal systems’ positions on testimony, while also shedding light on Islamic jurisprudence and its points of convergence or divergence with statutory laws. The study suggests that while testimony continues to play a vital role in evidentiary proceedings, it requires more precise regulation—especially in light of the development of modern evidentiary methods. This calls for legislators to reconsider how testimony is governed, to better assess its probative value, and to clearly define the circumstances under which it can be relied upon as sole or supporting evidence.