Is a debtor subject to imprisonment if the claimant presents two witnesses whose integrity the judge cannot verify?

General Chapter

Al-Mughni

Book of Claims and Evidences

Book 65 · Issue 1 · Bab 1

Open in Qurani

Primary text

If a claimant asserts a right against another and presents two witnesses whose justice the judge does not know, the claimant is granted the imprisonment of the defendant until the integrity of the witnesses is established. This is because the general assumption regarding Muslims is integrity (Adalah), and the defendant has already fulfilled his obligation; only the judge's duty remains, which is verifying the witnesses' integrity.