Maulana Ataullah Sajid
Benefits and Issues:
➊
Our esteemed researcher has declared the mentioned narration weak in its chain of transmission, stating that the original narration is the previous one, and it also serves as its supporting narration (shahid) and is authentic as well. Moreover, other researchers have also declared the mentioned narration authentic due to the preceding narration. Therefore, despite the mentioned narration being weak in its chain, it is acceptable for practice and as evidence based on the preceding narration.
For further details, see: (Al-Irwa’ by Al-Albani: 8/305, and Sunan Ibn Majah with the verification of Dr. Bashar Awwad, No: 2371)
➋
To establish a claim, it is necessary to have two trustworthy witnesses.
➌
If there are not two male witnesses, then the testimony of one man and two women is also valid (Surah Al-Baqarah:
Verse: 283)
➌
If the claimant does not have any witnesses, then the defendant will swear an oath affirming the truth of his position, and thus the decision will be in favor of the defendant.
➍
If the claimant has only one witness, then the claimant will take an oath, and in this way, the claim of the claimant will be established.
➎
Imam Tirmidhi rahimahullah said:
“Among the Companions radi Allahu anhum and the Tabi‘in, some scholars hold the view that in rights and financial matters, it is correct to decide based on one witness along with an oath.
This is also the position of Imam Malik, Imam Shafi‘i, Imam Ahmad ibn Hanbal, and Imam Ishaq ibn Rahuyah.” See: (Jami‘ at-Tirmidhi, Book of Legal Judgments, Chapter: What Has Been Reported Regarding the Oath Along with the Witness, Hadith: 1345)
Source: Commentary on Sunan Ibn Mājah by Mawlānā ‘Atā’ullāh Sājid, Page: 2371