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Comparative Analysis of The Qanun-e-Shahadat Order, 1984 and The English Law of Evidence

The document presents a comparative analysis of the Qanun-e-Shahadat Order, 1984, and English law of evidence, highlighting their key provisions, differences in witness treatment, admissibility standards, and procedural applications. It emphasizes the importance of evidence law in ensuring fair legal proceedings and the integration of Islamic principles in the Qanun-e-Shahadat. The presentation aims to enhance understanding of these legal frameworks for law students and practitioners.

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Fasih Imran
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3 views10 pages

Comparative Analysis of The Qanun-e-Shahadat Order, 1984 and The English Law of Evidence

The document presents a comparative analysis of the Qanun-e-Shahadat Order, 1984, and English law of evidence, highlighting their key provisions, differences in witness treatment, admissibility standards, and procedural applications. It emphasizes the importance of evidence law in ensuring fair legal proceedings and the integration of Islamic principles in the Qanun-e-Shahadat. The presentation aims to enhance understanding of these legal frameworks for law students and practitioners.

Uploaded by

Fasih Imran
Copyright
© © All Rights Reserved
We take content rights seriously. If you suspect this is your content, claim it here.
Available Formats
Download as PDF, TXT or read online on Scribd
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Comparative Analysis of the Qanun-e-Shahadat

Order, 1984 and the English Law of Evidence


Agenda ● Title Slide
● Introduction to Evidence Law
● Qanun-e-Shahadat Order, 1984: An Overview
● Key Provisions of Qanun-e-Shahadat
● The English Law of Evidence: A Brief Overview
● Comparative Analysis: Key Differences
● Case Studies: Practical Applications
● Conclusion and Q&A
Title Slide Presentation Title
Comparative Analysis of the Qanun-e-Shahadat
Order, 1984

Presented by
[Your Name], Law Professor

Audience
Law Students
Introduction to Evidence Law

Importance of Evidence Law


Evidence law is essential as it governs what information can be presented in court, ensuring that legal proceedings are fair, structured, and based on
reliable information.

Purpose of Evidence
The primary purpose of evidence in legal proceedings is to substantiate claims, support facts, and aid in determining the truth, thereby contributing to
justice.

Civil vs. Criminal Evidence


In civil cases, the standard is typically on a 'preponderance of evidence' while in criminal cases, it requires 'beyond a reasonable doubt', reflecting a
significant difference in the treatment of evidence.
Qanun-e-Shah Historical Context
The Qanun-e-Shahadat Order was enacted in 1984 to modernize evidence rules in Pakistan,

adat Order, integrating Islamic principles and adapting to contemporary judicial needs.

1984: An Core Objectives


It aims to regulate the admissibility of evidence, uphold justice, and align the evidentiary

Overview
framework with Islamic laws, thereby promoting a fair trial.

Structure and Application


The Qanun-e-Shahadat is divided into several parts, each addressing different types of
evidence—oral, documentary, and real—and their admissibility in legal proceedings within
Pakistan.
Key Provisions of
Qanun-e-Shahadat
Definitions of Evidence Types
The Qanun defines various types of evidence, including oral
testimony, documentary evidence, and physical evidence,
outlining the criteria for each type’s admissibility.

Eyewitness Testimony
Specific rules govern eyewitness testimony, emphasizing the
necessity for credibility, accuracy, and the firsthand
experience of the witness.

Presumptions and Inferences


The Order establishes certain legal presumptions, guiding
judges on how to infer facts based on established
circumstances and prior convictions.

Photo by Anete Lusina on Pexels


The English Law of Evidence:
A Brief Overview
Fundamental Principles
English evidence law is built upon the principles of relevance,
admissibility, and the balancing test, ensuring that only pertinent
evidence is considered in court.

Structure and Hierarchy


The structure involves statutes, such as the Evidence Act 1975, and
case law, which collectively shape the evidentiary landscape and its
applications.

Key Statutes
Important statutes include the Civil Evidence Act 1995 and the Criminal
Justice Act 2003, which guide the admissibility and standards of
evidence across various types of cases.

Photo by Tara Winstead on Pexels


Comparative Analysis: Key Differences

Witness Treatment
In Qanun-e-Shahadat, the treatment of witnesses is heavily influenced by Islamic jurisprudence, while English law emphasizes common law traditions,
often leading to different standards of witness reliability.

Admissibility Standards
The standards for admissibility differ significantly; the Qanun may allow more subjective allowances based on contextual considerations compared to
the more rigid framework of English law.

Procedural Applications
Procedural applications vary, with the Qanun reflecting Islamic procedural fairness principles, while English law maintains a more bureaucratic
approach often defined by statutory requirements.
Case Studies: Qanun-e-Shahadat in Action
Through various landmark cases, we can observe how the Qanun has been applied, illustrating its

Practical flexibility and adherence to Islamic principles while maintaining judicial objectivity.

Applications Examples from English Law


We will also analyze cases under English law to contrast the practical applications and outcomes,
showcasing the differences in legal reasoning and evidence evaluation.

Implications for Legal Practitioners


Understanding the nuances between these two systems is crucial for legal practitioners, as it
informs strategy in both Pakistani and English legal contexts.
Key Takeaways
In conclusion, a comparative understanding of the Qanun-e-Shahadat Order and English law Conclusion
enriches our grasp of legal evidence frameworks, highlighting both unique features and common
goals. and Q&A
Importance of Understanding Frameworks
For law students and practitioners alike, appreciating these different frameworks enhances the
ability to navigate complex legal scenarios effectively.

Open Floor
Now, I would like to open the floor to your questions and thoughts to facilitate a dynamic
discussion around these pivotal legal systems and their implications.

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