What is the recourse if the claimant states their evidence is absent (absent witness)?

General Chapter

Al-Mughni

Book of Judiciary

Book 62 · Issue 13 · Bab 1

Open in Qurani

Primary text

If the claimant states they have absent evidence, the judge tells them they have the option of the defendant's oath, or they may delay the ruling until the evidence arrives. The claimant is not entitled to demand collateral or detain the defendant pending the evidence's arrival. This is based on the statement, 'Your two witnesses or his oath; you have nothing but that.' If the defendant is made to swear and the evidence subsequently arrives, the judge rules based on the evidence, which invalidates the preceding oath, as the oath is resorted to only in the absence of evidence.