scribe cannot be regarded as an attesting witness ?
Автор: Ashraf Asmi Advocate
Загружено: 2021-12-24
Просмотров: 1894
Описание:
A scribe cannot be regarded as an attesting witness unless he attests the agreement
in capacity of witness too.
Supreme Court of Pakistan
Sheikh Muhammad Muneer v Mst. Feezan
Civil Petition No. 962 of 2016
Mr. Justice Qazi Faez Isa
Mr. Justice Yahya Afridi
https://www.supremecourt.gov.pk/downl...
Facts: Petitioner filed a suit for specific performance alleging execution of agreement
which was witnessed by three witnesses. He produced only one witness and
scribe.
Issue: Whether a scribe can be termed as witness?
Analysis: A scribe may be an attesting witness provided the agreement itself
mentions/nominates him as such. The agreement mentioned three attesting
witnesses by name and the scribe (Muhammad Iqbal) was not one of them…As
regards the scribe he was not shown or described as a witness in the said
agreement, therefore, he could not be categorised as an attesting witness. The
cited verse of the Holy Qur’an mentions three times the word scribe (katib) and
five times the witness/es (shahid) but does not use these words interchangeably,
instead separately and distinctively. Therefore, a scribe and a witness cannot be
the same.
Conclusion: A scribe cannot be regarded as an attesting witness unless he attests the agreement
in capacity of witness too.
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