TESTIMONY IN ISLAMIC AND OTTOMAN PROCEDURAL LAW

In the solution of a problem that has been brought to the Court, the evidence of all the means of proof to remove the uncertainties and suspicions between the parties from the rupture to reveal the material truth is called the “beyyineh” by the name in the terminology of Islam-Ottoman law. The concept of "Beyyine" is basically used as a concept that is "only a testimony" by the majority of Islamic jurists, in the sense that it is the "definitive evidence" that "proves the fact of a right or of a fact connected with a legal result". In the law of jurisdiction, the evidence is divided into two parts: definitive evidence and evidence. Certain proof is the one who binds the judge and does not give him the authority to appreciate it. Adulterated evidence is anything that can be freely appreciated and judged by the judge and consequently constitutes a basis for a conviction of the judge. According to the majority of Islamic jurists, the system of evidence accepted in Islamic jurisprudence is the definitive evidence system. This view is dominant, especially when it is taken into account that a certain number of witnesses or accusations are sought in prosecuting criminal offenses in Islamic criminal law. In other words, witness testimony made by reliable witnesses in Islamic-Ottoman law is binding in nature and the judge has to judge accordingly