Is testimony valid if one witness testifies that the husband slandered her in Arabic or on Thursday, and another testifies he slandered her in Ajamiyyah or on Friday?

General Chapter

Al-Mughni

Book of Mutual Imprecation (Li'an)

Book 43 · Issue 3 · Bab 1

Open in Qurani

Primary text

There are two opinions. The first holds that the testimony is completed. This is the position of Abu Bakr and the school of thought of Abu Hanifa. The rationale is that the time and the language are not stipulated conditions for testimony concerning the slander, thus the discrepancy does not invalidate it, as the underlying single slanderous event can be supported by different facets of admission (time/language).

Supporting text

The second opinion asserts that the testimony is not completed because it results in testimony for two different slanders (one on Thursday/Arabic and one on Friday/Ajamiyyah), and neither specific event is fully attested to. This is the position of Al-Shafi'i.