Is a defendant subject to imprisonment when the claimant presents one witness for a right established by one witness and an oath?

General Chapter

Al-Mughni

Book of Claims and Evidences

Book 65 · Issue 3 · Bab 1

Open in Qurani

Primary text

There are two views regarding imprisonment when the right is established by one witness and an oath. The first view permits imprisonment because the single witness is evidence concerning property, and the oath merely strengthens it. The correct view, however, is that imprisonment is not permissible. If imprisonment is sought so the claimant can bring a second witness to complete the evidence, it reverts to the case where two witnesses are required. If imprisonment is sought for the claimant to take an oath with the witness, it is unnecessary, as the oath is possible immediately. If the claimant swears, the right is established; otherwise, nothing is due.

Supporting text

It is possible to argue that if the claimant is ready to take the oath and the delay is solely for establishing the witness's integrity, imprisonment is granted as previously discussed. If the delay in judgment is for reasons other than that, imprisonment is not imposed.