How should a disputed asset be divided when two sets of witnesses provide conflicting testimony regarding ownership?

General Chapter

Al-Mughni

Book of Claims and Evidences

Book 65 · Issue 2 · Bab 1

Open in Qurani

Primary text

When two witnesses testify for one party and four for another, the asset should be divided among them in thirds. This opinion is held by Al-Awza'i because testimony is a cause for entitlement, and the right should be distributed according to the testimony provided. However, the prevailing view dictates that testimony is a measure fixed by Divine Law and does not vary with numerical increase, similar to fixed blood money (*diyah*). Testimony is agreed upon concerning the report of two individuals, making the ruling attached to them without consideration of presumption. This is evidenced by the fact that the testimony of women, if testifying individually, is not accepted regardless of their high number, even if the presumption of their truthfulness exceeds that of two men.