Читать книгу A Dictionary of Islam. Being a cyclopedia of the doctrines, rites, ceremonies, and customs, together with the technical and theological terms, of the Muhammadan religion онлайн

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In all rights, whether of property or otherwise, the probity of the witness, and the use of the word ashhadu, “I bear witness,” is absolutely requisite, even in the case of the evidence of women with respect to birth and the like. If, therefore, a witness should say, “I know,” or “I know with certainty,” without making use of the word ashhadu, in that case his evidence cannot be admitted. With respect to the probity of the witness, it is indispensable, because it is written in the Qurʾān, Sūrah lxv. 2, “Take the evidence of two just men”; and also because the probity of the witnesses induces a probability of the truth.

If the defendant throw a reproach on the witnesses, it is in that case incumbent on the Qāẓī to institute an enquiry into their character; because, in the same manner as it is probable that a Muslim abstains from falsehood as being a thing prohibited in the religion he professes, so also is it probable that one Muslim will not unjustly reproach another.

It is not lawful for a person to give evidence to such things as he has not actually seen, excepting in the cases of birth, death, marriage, and cohabitation.