Whose testimony is accepted when a Muslim claims to have captured a non-Muslim, while the captive claims to have been granted safety (aman) by the Muslim?
General Chapter
Al-Mughni
Book of Jihad
Primary text
The primary opinion holds that the statement of the Muslim is accepted. This is because the foundational principle (Asl) supports the Muslim, as the default state of an enemy combatant (Harbi) permits the shedding of his blood and denies the existence of safety granted to him. This position is supported by the juristic preference for the presumption of the Muslim's statement regarding the enemy's status.
Supporting text
A second view holds that the statement of the captive is accepted because it potentially validates his truthfulness and preserves his life, thus constituting a doubt (shubha) that prevents his killing. This opinion is the chosen view of Abu Bakr. A third position mandates referring to the party whose outward circumstances support their claim. If the non-Muslim is powerful and armed, his claim of safety is likely true. If he is weak and disarmed, his claim is likely false, and his statement is disregarded.