Can a witness testify to ownership based solely on uninterrupted possession of property?
General Chapter
Al-Mughni
Book of Testimonies
Primary text
It is permissible to testify to a person's ownership of a house or real estate based upon their possession, provided they dispose of it as an owner—through residing, lending, leasing, building, or demolishing—without any dispute. This view is held by Abu Abdullah ibn Hamid, Abu Hanifa, and Al-Istakhri from the Shafi'i school. The basis for this ruling is that possession is evidence of ownership, and its continuation without contest strengthens that evidence, thereby equating it to widespread reputation (*istifadha*). Therefore, testimony based on possession is valid, similar to testifying based on witnessing the cause of possession, such as a sale, inheritance, or gift. The mere possibility that the possession stems from usurpation (*ghasb*) or lease is counteracted by the continuous, undisputed nature of the possession.
Supporting text
It is contended that testimony should only be given regarding what was directly witnessed concerning ownership, possession, and disposition, because possession is not exclusive to ownership but can arise from leasing, lending, or usurpation. This view is held by some Shafi'i scholars. Furthermore, it is argued that if the possibility of usurpation remains, absolute certainty (knowledge, *ilm*) is not achieved, and testimony should only be based on certainty. However, the rebuttal is that strong presumption (*dhann*) is termed knowledge in legal discourse, as evidenced by the verse, "If you know them to be believers" (Quran 60:10), and since absolute certainty is unattainable here, testimony based on strong presumption is permissible.