What are the essential conditions for a valid witness?
General Chapter
Al-Mughni
Book of Judiciary
Primary text
Four conditions are required of a witness: Islam, maturity (*bulugh*), sanity (*'aql*), and justice (*'adalah*). Among these, only justice requires external inquiry, based on the command {miman tardawna min al-shuhada'} [Al-Baqarah: 282]. The judge must document the full identity of the witnesses, including their lineage, professions, residences, and physical characteristics (such as skin color, height, and features), to ensure differentiation. Furthermore, the document must state the relationship between the witness and the claimant (to check for relationship disqualifying testimony or partnership) and the witness and the defendant (to check for enmity). The extent of the right claimed must also be documented, as some scholars differentiate acceptance based on the amount involved.
Supporting text
The judge should conceal the details of the documents given to each party involved in the inquiry so they cannot collude. The judge may either assign specific, known individuals to conduct the inquiry confidentially, or leave the selection open, ensuring the inquirers are impartial, known for integrity, possess sound intellect, are free from bias or enmity, and are reliable, as this matter is a trust.