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
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.