The type of evidence witnesses are permitted to offer to include an analysis of the relationship between the parties, including any recounted instances of physical or verbal abuse, disrespectful behaviour, financial problems or withholding, and even extends to the parenting abilities of both parents.This helps the court in evaluating the all-important question of what constitutes the best interests of the child.
In terms of who constitutes a suitable witness, if a party is a Muslim, the witness appearing should also be a Muslims, non-Muslim supposes could be allowed to bring non-Muslim witnesses. however if one of the parties is Muslim and the other one is not Muslim, then only Muslim witness might be permitted to testify. The number of witnesses should be two male witnesses or one male and two females. Witnesses are expected to deliver clear and precise information, relating to details, facts and dates of any alleged incident.
While family members are able to perform the function of a witness, parents are not able to.
A fundamental requirement of being a witness is to be impartial as a person with the conflict of interest with either of the parties is not recommended to appear as a witness.
Procedurally, witnesses for the claimant are the first to be heard, followed by those appearing for the respondent. This can be done in the same hearing, or they can ask to postpone the hearing to another date. Witnesses are heard in front of the judge and without a public audience. The male witnesses testify alone, while any female witnesses will be heard together. While witnesses may be cross-examined, the cross-examination takes place by the judge who may deliver questions from others taking part in the case. The judge will decide whether to issue the questions or not.
Prior to giving testimony, the witnesses will provide their identification document showing they are at least 21 years of age. They must then give a legal oath they are telling the truth, swearing it on a religious text. Court proceedings take place in Arabic, but legal translators are to be provided by the court for those in need.
Although, this article is drafted for the sake of providing general information and does not have to explicitly be applicable in all ongoing or exact case, yet, there are few common points and guideline which can be considered in any wit/