❖ Judgment with One Witness and the Oath of the Plaintiff: Sharʿī Principle and Scholarly Differences ❖
By: Imran Ayub Lahori
Sharʿī Basis
A case may be decided with one male witness plus the oath of the plaintiff.
✿ Evidences from Hadith
① Ibn ʿAbbās رضي الله عنهما said:
أن رسول الله قضي بيمين و شاهد
“The Messenger of Allah ﷺ passed judgment with an oath and one witness.”
(Ṣaḥīḥ Muslim: 1712; Abū Dāwūd: 3608; Ibn Mājah: 2370; Musnad Aḥmad 1/248)
② Jābir رضي الله عنه reported:
أن النبى صلى الله عليه وسلم قضى باليمين مع الشاهد
“The Prophet ﷺ passed judgment with an oath along with one witness.”
(Sunan Ibn Mājah: 2369; Tirmidhī: 1344; Aḥmad: 3/305; al-Bayhaqī: 10/170 – ṣaḥīḥ)
③ ʿAlī رضي الله عنه also ruled in Iraq with an oath and one witness.
(Tirmidhī: 1345; Dāraquṭnī: 4/212 – authentic)
④ Abū Hurayrah رضي الله عنه narrated:
أن النبى صلى الله عليه وسلم قضى باليمين مع الشاهد
“The Prophet ﷺ ruled with an oath along with one witness.”
(Sunan Abī Dāwūd: 3610; Tirmidhī: 1343; Ibn Mājah: 238 – authentic)
⑤ Nearly twenty Companions رضي الله عنهم narrated this ruling.
(Talkhīṣ al-Ḥabīr: 4/206)
✿ Positions of the Scholars
- Majority (Mālik, al-Shāfiʿī, Ibn Ḥajar, al-Shawkānī):
Valid to decide based on one witness + oath. - Ḥanafīs:
Not valid. They argue that the Qur’an only mentioned two men, or one man and two women (al-Baqarah: 282) and did not mention oath.
🔹 Refutation:
- Authentic hadith establishes this as an additional proof, not a cancellation of the Qur’an.
- The Qur’anic rule remains, and the Sunnah rule applies in its own scope.
- If Sunnah’s additions were rejected, then rulings like cutting the hand for second theft or prohibition of marrying a woman with her aunt — which are established by Sunnah, not Qur’an — would also be rejected.
(See Nayl al-Awṭār: 5/379–380)
✿ Scope of Application
- Mālik, al-Shāfiʿī: Limited to financial matters (wealth, contracts, debts, etc.). Not valid in ḥudūd, nikāḥ, ṭalāq, rajʿah, theft, qiṣāṣ, etc. because these have their own specified evidence requirements:
- Ḥadd of qadhf: four witnesses (al-Nūr: 4).
- Ṭalāq: two just witnesses (al-Ṭalāq: 2).
- Loans: two men or one man and two women (al-Baqarah: 282).
- Ibn Ḥazm: Valid in all cases except ḥudūd. He rejected restricting it only to wealth, as there is no clear evidence for that.
(al-Muḥallā: 8/490–491) - Nawwāb Ṣiddīq Ḥasan Khān: Judgment with an oath and one just witness is obligatory.
(al-Rawḍah al-Nadiyyah: 2/558)
✅ Conclusion (Rājiḥ View):
- The stronger opinion is that of the majority (jumhūr):
- Judgment may be made based on one witness plus the oath of the plaintiff.
- This applies only in financial matters, not in ḥudūd, marriage, or prescribed punishments.
- This is supported by authentic ahadith and clarified by Ibn Ḥajar (Fatḥ al-Bārī: 5/615).