What is the standard of testimony required for retributive acts resulting in financial compensation?
Chapter on Qasamah (Oaths regarding murder)
Al-Mughni
Book of Blood-Money (Diyyāt)
Primary text
For cases where the outcome necessitates financial compensation (*mal*), such as accidental killing, near-intentional killing, intentional killing against someone not equivalent to the perpetrator, injuries that penetrate to the cavity (*ja'ifah*), injuries to the brain (*ma'muumah*), injuries below the level of a fracture that exposes bone (*mudihah*), the share of a perpetrator in an accidental act, and similar cases, the testimony of one man and two women, or the testimony of one just male witness combined with the oath of the claimant, is accepted. This is the position of Al-Shafi'i.
Supporting text
Abu Bakr held that these cases are also not established except by the testimony of two just male witnesses, and the testimony of women or a witness combined with an oath is not heard. This is because it is testimony concerning a killing or a felony against a human being, and thus women's testimony is not heard, similar to the first category (intentional homicide). This is supported by the fact that women have no role in the *qasamah* (oath-taking procedure) for intentional killing, nor for accidental or near-intentional killing resulting in financial penalty, indicating they have no role in testimony concerning blood whatsoever. The counter-argument is that this concerns a matter where the intent is specifically financial compensation, so the testimony of women should be accepted, just as in testimony for sale or lease contracts. This case differs from intentional homicide, which mandates a penalty that is averted through precaution, thus requiring precaution in the testimony of its causes, whereas in this instance, the objective is financial, making the testimony of women acceptable for its cause.