International Journal of Social Science and Religion (IJSSR)
2026: Volume 7 Issue 2

Witness Testimony in the Law of Evidence: A Comparative Analysis of Fuqaha Perspectives and Civil Law

Rahmatul Qadri (Universitas Islam Negeri Alauddin Makassar)
Andi Huzaifa (Universitas Islam Negeri Alauddin Makassar)
Abdul Halim Talli (Universitas Islam Negeri Alauddin Makassar)
Asni (Universitas Islam Negeri Alauddin Makassar)



Article Info

Publish Date
05 Aug 2026

Abstract

The determination of the evidentiary value of witness testimony depends not only on the facts presented before the court but also on the legal paradigm through which juridical truth is constructed. This study examines the evidentiary value of witness testimony from the perspectives of fuqaha and civil law to explain the epistemological foundations underlying their different approaches. Employing normative legal research with conceptual, statutory, and comparative approaches, this study finds that although both legal traditions recognize witness testimony as an essential means of proof, they adopt different standards for assessing its probative value. Islamic jurisprudence emphasizes the witness's moral credibility (ʿadālah) and legal qualifications, whereas civil law primarily relies on procedural legality and judicial evaluation. These differences demonstrate that the evidentiary value of witness testimony is fundamentally shaped by distinct epistemological conceptions of juridical truth. Accordingly, this study advances an epistemological perspective that enriches comparative scholarship on the law of evidence.

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Journal Info

Abbrev

ijssr

Publisher

Subject

Religion Humanities Law, Crime, Criminology & Criminal Justice Social Sciences

Description

International Journal of Social Science and Religion (IJSSR) focus to publish a scholarly work that promotes and fosters knowledge in the field: Social Science, Religious Studies, Law and Religion, Religion and Education, and Art and ...