When can testimony be given and accepted prior to a formal claim (*da'wa*)?

Chapter on Qasamah (Oaths regarding murder)

Al-Mughni

Book of Blood-Money (Diyyāt)

Book 48 · Issue 4 · Bab 3

Open in Qurani

Primary text

The scenario of validating and invalidating these testimonies is conceivable even before a formal claim, specifically when the heir does not know who committed the murder. Evidence for this permissibility is found in the Prophetic tradition stating, 'The best of witnesses is he who brings his testimony before he is asked for it.' This established principle clarifies the permissibility of such testimony prior to a formal summons.