Oral Evidence

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 QSO, 1984

                        CHAPTER IV       (6)

            ORAL EVIDENCE 

Art. 70. Proof of facts by oral evidence:

 All facts.      ,may be proved by oral evidence. 

                Except..the contents of documents,                                 

Art....71

     1.. Oral evidence must be direct in all cases. 

Seable  fact,  be seen by the witness. 

 * could be heard, it be heard it;

 If it refers to a fact, which could be perceived by any other sense or in any other manner, it must be the evidence of a witness who says he perceived it by that sense or in that manner; 

+ an opinion .. may be proved by  such BASIS formed on documents. 

* if the author of document is dead, 

* or cannot be found,

* or has become incapable of giving evidence, or

 * cannot be called as a witness without an amount of delay or expense which the Court regards as unreasonable: 

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* if oral evidence refers to 

    * the existence or 

    * condition of.  ....any material thing other than a document, 

*the Court may,  require the production of such material thing for its inspection: 

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* If a witness is dead, or

 * can not be found or 

* has become incapable of giving evidence, or 

*his attendance cannot be procured without an amount of delay or expense

 * The Court regards as unreasonable,

Solution. 

* a party shall have the right to produce, “shahada ala al-shahadah” 

 a witness can appoint two witnesses to depose on his behalf,

 Except in the case of Hudood.