Must the derivative witnesses identify the original witnesses by name?

General Chapter

Al-Mughni

Book of Testimonies

Book 63 · Issue 6 · Bab 1

Open in Qurani

Primary text

The original witnesses must specify and name the two original witnesses whose testimony is being reported. The assertion that it suffices to state they were 'two free, righteous males' without naming them is incorrect, because while the inherent qualities are the aim, it allows for the possibility that they are considered righteous by the reporting witnesses but impeached by others. Furthermore, if the defendant is unaware of their identities, it becomes impossible for them to impeach the witnesses.

Supporting text

Ibn Jarir held that it is permissible to mention only the required attributes (two free, righteous males) without naming them, as the objective is knowing the attributes rather than the specific individuals.