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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But if a person, in any of the above cases, gives evidence from creditable hearsay, it is requisite that he give it in an absolute manner, by saying, for instance, “I bear testimony that A. is the son of B.,” and not, “I bear testimony so and so, because I have heard it,” for in that case the Qāẓī cannot accept it.

The testimony of any person who is property—that is to say, a slave, male or female—is not admissible; because testimony is of an authoritative nature; and as a slave has no authority over his own person, it follows that he can have no authority over others, a fortiori.

The testimony of a person that has been punished for slander is inadmissible, because it is said in the Qurʾān, Sūrah xxiv. 4, “But as to those who accuse married persons of whoredom, and produce not four witnesses of the fact, scourge them with four-score stripes, and receive not their testimony for ever; for such are infamous prevaricators,—excepting those who shall afterwards repent.”

If an infidel who has suffered punishment for slander should afterwards become a Muslim, his evidence is then admissible; for although, on account of the said punishment, he had lost the degree in which he was before qualified to give evidence (that is, in all matters that related to his own sect), yet by his conversion to the Muslim faith he acquires a new competency in regard to evidence (namely, competency to give evidence relative to Muslims), which he did not possess before, and which is not affected by any matter that happened prior to the circumstance which gave birth to it.