Is the husband's permission required for a witness to testify against his wife?

General Chapter

Al-Mughni

Book of Testimonies

Book 63 · Issue 7 · Bab 1

Open in Qurani

Primary text

Ahmad stated that a man should not testify against a woman except with the permission of her husband. This is interpreted to mean that the witness should not enter her house to testify unless the husband grants permission, based on the narration that the Messenger of Allah (PBUH) forbade seeking entry to women except with the permission of their husbands. Testimony against her outside her house is permissible because her admission is valid, and her disposition when she is of sound judgment is valid, thus testimony regarding these matters is permissible.