Is testimony based on testimony acceptable in matters like marriage and divorce?
General Chapter
Al-Mughni
Book of Testimonies
Primary text
Regarding matters other than Hadd, Qisas, and financial matters, such as marriage and divorce, which require two witnesses for establishment, Ahmad explicitly accepted its use in divorce and rights, suggesting acceptance in all such rights. This is the position of Al-Kharqi.
Supporting text
Ibn Hamid and Abu Bakr hold that it is not accepted in marriage, aligning with the view that it is only accepted in wealth and that which is intended as wealth. This is because it is a right that requires two witnesses for establishment, making it similar to the Hadd of defamation.