How should the claim be judged if one witness specifies a time period and the other gives an unqualified claim of ownership?

General Chapter

Al-Mughni

Book of Claims and Evidences

Book 65 · Issue 2 · Bab 1

Open in Qurani

Primary text

If one witness specifies a time limit (waqqata) while the other leaves the claim unqualified (atlaqat), they are considered equal, as stated by Al-Qadi.

Supporting text

Abu Al-Khattab suggests that judgment should be rendered in favor of the witness whose claim was not time-bound. This is the position held by Abu Yusuf and Muhammad. The justification for equality, however, rests on the fact that neither testimony contains an element that warrants preference based on earlier ownership or any other distinguishing feature, necessitating equality, just as if both claims were unqualified or had the same date.