Is testimony based on testimony acceptable in Hadd punishments (fixed penalties)?

General Chapter

Al-Mughni

Book of Testimonies

Book 63 · Issue 2 · Bab 1

Open in Qurani

Primary text

Testimony based on testimony is not acceptable in Hadd punishments. This is the position of Al-Nakhai, Al-Shaabi, Abu Hanifa, and his associates. The rationale is that Hadd punishments are built upon concealment, repulsion through doubt, and nullification upon retraction of confession, and testimony based on testimony introduces an excess possibility of error, forgetfulness, or falsehood in the second set of witnesses, which is a factor considered by its non-acceptance when original witnesses are available. Furthermore, there is no explicit text permitting it for Hadd, and analogy with financial matters is invalid due to differences in necessity and leniency.

Supporting text

Malik, one opinion of Al-Shafi'i, and Abu Thur hold that it is acceptable in Hadd punishments and every right because such rights are established by original testimony and are therefore established by testimony based on testimony, similar to financial matters.