When is prior claim (دعوى) required before accepting testimony regarding rights belonging to a specific individual?

General Chapter

Al-Mughni

Book of Testimonies

Book 63 · Issue 1 · Bab 1

Open in Qurani

Primary text

Testimony concerning a right belonging to a specifically designated person, such as financial rights, marriage matters, contractual obligations, penalties like retaliation (Qisas), the penalty for slander (Hadd al-Qadhf), or endowments designated for a specific person, is not accepted unless preceded by a formal claim (Da'wa). This requirement exists because the testimony concerns a right belonging to an individual, which cannot be enforced without their demand and consent. Furthermore, testimony serves as proof supporting the claim and cannot precede it.