Can the paternity and freedom of a child be established by the testimony of one male witness and two female witnesses, or one male witness and an oath?

General Chapter

Al-Mughni

Book of Testimonies

Book 63 · Issue 2 · Bab 1

Open in Qurani

Primary text

Paternity and freedom of a child cannot be established solely by the testimony of one male witness and two female witnesses, nor by one male witness and an oath. These forms of evidence only establish property claims within the realm of ownership. Since the claimant is only asserting the child's freedom and lineage, which are not established by such testimony, the child's status remains as it was prior to the claim; that is, remaining as the property of the possessor.