Is the testimony valid if two witnesses testify that their father slandered the co-wife (*ḍarrah*) of their mother?

General Chapter

Al-Mughni

Book of Mutual Imprecation (Li'an)

Book 43 · Issue 5 · Bab 1

Open in Qurani

Primary text

The testimony is accepted. This view is held by Malik, Abu Hanifa, and Shafi'i in his later opinion (*al-Jadīd*).

Supporting text

Shafi'i's earlier opinion (*al-Qadīm*) held that it is not accepted because the witnesses secure a benefit for their mother, namely, that the husband will engage in *li'an* (mutual cursing) with the co-wife, leading to her separation, thus securing the mother's position. This reasoning is refuted because the *li'an* hinges on the husband's knowledge of adultery, not on testimony concerning an admission he denies.