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The Sunnī law, as explained by the author of the Hidāyah (vol. iii. p. 664), is in many respects the same as the Jewish and is as follows:—

It is the duty of witnesses to bear testimony, and it is not lawful for them to conceal it, when the party concerned demands it from them. Because it is written in the Qurʾān, Sūrah ii. 282, “Let not witnesses withhold their evidence when it is demanded of them.” And again, “Conceal not your testimony, for whoever conceals his testimony is an offender.”

The requisition of the party is a condition, because the delivery of evidence is the right of the party requiring it, and therefore rests upon his requisition of it, as is the case with respect to all other rights.

In cases inducing corporal punishment, witnesses are at liberty either to give or withhold their testimony as they please; because in such case they are distracted between two laudable actions; namely, the establishment of the punishment, and the preservation of the criminal’s character. The concealment of vice is, moreover, preferable; because the prophet said to a person that had borne testimony, “Verily, it would have been better for you, if you had concealed it”; and also because he elsewhere said, “Whoever conceals the vices of his brother Muslim, shall have a veil drawn over his own crimes in both worlds by God.” Besides, it has been inculcated both by the Prophet and his Companions as commendable to assist in the prevention of corporal punishment; and this is an evident argument for the concealment of such evidence as tends to establish it. It is incumbent, however, in the case of theft, to bear evidence to the property, by testifying that “a certain person took such property,” in order to preserve the right of the proprietor; but the word taken must be used instead of stolen, to the end that the crime may be kept concealed; besides, if the word stolen were used, the thief would be rendered liable to amputation; and as, where amputation is incurred, there is no responsibility for the property, the proprietor’s right would be destroyed.