Is testimony regarding fornication complete if two witnesses testify to the act occurring with the perpetrator wearing a white garment, and two other witnesses testify it occurred with him wearing a red garment?
General Chapter
Al-Mughni
Book of Ḥudūd (Prescribed Penalties)
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 a white garment and the woman wore a red garment. 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.