Is testimony regarding fornication complete if two witnesses testify to the act occurring while the perpetrator wore a linen garment, and two other witnesses testify it occurred while he wore a Khazz (silk/fine woolen) garment?

General Chapter

Al-Mughni

Book of Ḥudūd (Prescribed Penalties)

Book 51 · Issue 2 · Bab 1

Open in Qurani

Primary text

The testimony is deemed complete. This is supported by the view that there is no contradiction between the testimonies, as it is possible for the perpetrator to have been wearing two garments, with each pair of witnesses mentioning only one. Alternatively, it is possible the man wore one type of garment and the woman wore another, or the description refers to different states. When confirmation is possible, invalidation is not permissible.

Supporting text

Al-Shafi'i holds that the testimony is not complete due to the contradiction between the two statements.