Must a defendant be imprisoned if the claimant presents only one witness and seeks imprisonment to bring a second witness, for a right requiring two witnesses?

General Chapter

Al-Mughni

Book of Claims and Evidences

Book 65 · Issue 2 · Bab 1

Open in Qurani

Primary text

If the right requires two witnesses for establishment, the defendant is not imprisoned if only one witness is brought. This is because the full evidence (Bayyinah) is incomplete, and imprisonment constitutes punishment, which should not be inflicted without complete evidence.