What are the requirements for testifying in matters involving corporal punishments other than adultery?
General Chapter
Al-Mughni
Book of Testimonies
Primary text
For corporal punishments, namely *Hudud* and *Qisas* (retaliation), only the testimony of two male witnesses is accepted, with the exception of what is narrated from 'Ata and Hammad, who permitted one man and two women, analogous to testimony in financial matters. The sound position dictates that matters calling for corporal punishment are safeguarded against being established, as they are waived by doubt (*Shubuhat*), and there is no necessity to establish them. The testimony of women carries a doubt, evidenced by the verse concerning remembrance in financial testimony (Quran 2:282), and their testimony is not accepted unless accompanied by a man. Analogy to financial matters is invalid due to the severity of the ruling.
Supporting text
The position requiring two male witnesses is held by Sa'id ibn al-Musayyab, al-Sha'bi, al-Nakha'i, Hammad, al-Zuhri, Rabi'ah, Malik, al-Shafi'i, Abu 'Ubayd, Abu Thawr, and the companions of the school of thought. An exception is made by al-Hasan, who equated testimony regarding homicide with testimony regarding adultery because both involve the taking of a life, similar to adultery. The necessary conditions of freedom, masculinity, Islam, and justice required for witnesses in adultery apply here.