ENACTMENT NO. 5 OF 1956 ADMINISTRATION OF THE LAW OF THE RELIGION OF ISLAM ENACTMENT 1956
PART III - RELIGIOUS COURTS JURISDICTION Procedure (General)
Section 46. Evidence.
(1) The Court shall observe all provisions of the law of the Religion of Islam relating to the number, status or quality or witnesses or evidence required to prove any fact. Save as aforesaid, the Court shall have regard to the law of evidence for the time being applicable to the State, and shall be guided by the principles thereof, but shall not be obliged to apply the same strictly.
(2)The Court is authorized to administer oaths and affirmations. Evidence shall ordinarily be given on oath in a form binding upon Muslims, but the Court may on special grounds dispense with an oath and take evidence on affirmation. An affirmation shall be in the form: "I ..................... (name) solemnly affirm that the evidence which I shall give shall be the truth, the whole truth and nothing but the truth". Whether on oath or on affirmation a witness shall be bound to state the truth.
(3) If in the opinion of the Court any witness has wilfully given false evidence in any proceedings, the Court may report the matter to the Public Prosecutor or his Deputy or, alternatively, may exercise all such powers as are by section 12 of the Oaths and Affirmations Ordinance, 1949, conferred upon a Magistrate of the First Class in a like case, subject always to the restrictions and conditions prescribed by the said section. Any person sentenced under the provisions of this sub-section shall have a right of appeal as if he had beeri sentenc;edunder the said Ordinance.