What is the ruling when the four witnesses consist of three men and two women?

General Chapter

Al-Mughni

Book of Ḥudūd (Prescribed Penalties)

Book 51 · Issue 2 · Bab 1

Open in Qurani

Primary text

When the testimony consists of three men and two women, Hadd is administered to all of them. This is because, in this specific legal context, the testimony of women is treated as non-existent. Al-Thawri and the proponents of the Hanafi school (Ahl al-Ra'y) uphold this view. This ruling strengthens the view mandating Hadd upon the first group (the unreliable witnesses mentioned previously), as it implies that the deficiency must lead to Hadd, especially when comparing women's testimony (where truthfulness is possible) with that of a blind man who is certainly deemed a liar and unqualified to testify regarding external actions. Therefore, the obligation of Hadd upon the blind man and those testifying with him is more appropriate.