What is the required number of witnesses for testimony regarding apostasy (Riddah)?
General Chapter
Al-Mughni
Book of the Apostate
Primary text
The testimony concerning apostasy is accepted from two just male witnesses, which is the position held by the majority of scholars. This view is adopted by Malik, Al-Awza'i, Al-Shafi'i, and the Companions of Ra'y (the Hanafi school). The evidence for accepting two witnesses is that this testimony pertains to an offense other than adultery (Zina), similar to testimony regarding theft, which requires only two witnesses. The comparison to adultery is unsound because the requirement of four witnesses in Zina is specifically due to the penalty of death, which is not the primary issue in apostasy. Furthermore, the penalty for slander (Qadhf) regarding Zina requires eighty lashes, unlike slander regarding apostasy.
Supporting text
Al-Hasan al-Basri dissented, holding that four witnesses are required for testimony that leads to capital punishment, drawing an analogy to the established requirement for four witnesses in proven adultery.