تقریظ

Admissibility of a Video As Evidence in a Court: its Presentation and Probative Value

To general public, all videos are perceived to be true, but they may not have probative value in the Court of law. The undertaken article analyzes the admissibility and probative value of a video presented as evidence before a court in the Criminal Justice System of Pakistan (CJSP). It analyzes the relevant law and diagnoses the problems with the video evidence through the lens of the judgments of Superior Courts. The court of law objectively ascertains that a video presented as evidentiary means bears significant relevance to the fact in question. It must be admissible under the law, and it must be proved to be genuine. To fill up the gap between a “Video” and a “Video Evidence”, there is a process, which is known as video authentication. It determines that the video contents are genuine, authentic, credible, unaltered, untampered and unfabricated. The study discusses various modes of video authentication. Precedents set by superior courts of Pakistan show that convictions have been made once the courts are satisfied with the credibility of video evidence. In the court of law, video evidence is normally presented after the completion of prosecution evidence. The video is played in court and is watched by the presence. But the researcher establishes that such process does not have legal justification. The article suggests that it would be legal and proper for the prosecution to produce the video evidence through the witness, during his evidence, who is either victim, witness, recorded and/or copied the video directly from original source such as C.C.T.V system and that witness would be subjected to cross examination.

Anglicization of Shariah in Anglo Indian Courts and its Impact on Pakistan Law: A Case Study With Special Reference to Waqf, Inheritance and Equity

This thesis argues the treatment of Islamic law under the English legal system by looking into the developments in law of family waqf, inheritance and equity in British India. It has the dual objective of analysing the impact of the English legal system upon Islamic law, and its impact on Pakistani law. It not only examines the evolution of codification of Islamic laws in sub-continent during colonial rule but also that how this codification partially influences the Islamic Law. It argues that the laws of waqf and inheritance were transformed in order to fit into new legal system. The colonial state also used the methods of translation, adjudication, and legislation in order to transform Islamic law into AngloMuhammadan Law. They amalgamated law of inheritance and customary law, made “rivāj e ʻaām” through settlement officer and later they recognised this “rivāj e ʻaām” as testimony and enforced it through courts. In 18th century British in their regulations merged equity, justice and good-conscience with customary law, though equity fills the gap of law on the discretion of their judges. The study begins with the brief introduction of Anglicization of Sharī‘ah during British sway in India. Then the essentials of the Islamic Law of waqf are described in a good detail, in the light of the opinions of Islamic jurists. The third part of the study not only briefs about the legal contribution of the Privy Council to the law of waqf but also the cases about family law of waqf in Pakistan. The law of Inheritance in Islam is specially focusing on the shares of females in Islamic Law to ensure that no local custom can override the law of inheritance in Islam is examined in fourth part of the study. In fifth part the attempts have been made to examine the law of Inheritance in sub-continent during British rule and its impact on the current Law of Inheritance in Pakistan. For better understanding case law on Inheritance rights of women in Pakistan is discussed in detail. The last part of the research examines the role of the doctrine of justice, equity and good conscience in British rule in sub-continent and its impact on Pakistani law. Case law in Pakistan regarding this notion is also discussed.