Source: Fiqhi Rulings and Issues in the Light of Quran and Hadith, Issues of Partition: Volume 02: Page 521
All praise is due to Allah, and blessings and peace be upon the Messenger of Allah. To proceed!
The type of partition in which the agreement of all partners is necessary is not valid without their consent. In this kind of partition, sometimes a partner has to bear a minor loss, and sometimes it happens that someone has to give or receive some compensation in exchange for their share in the common property. This form of partition usually occurs where there are small houses, narrow shops, or land whose shares differ due to buildings or trees, or when a partner has a special preference for a particular share.
In the partition of such common property, the agreement and consent of all partners is essential, because the Messenger of Allah, peace be upon him, said:
"لَا ضَرَرَ وَلَا ضِرَارَ "
"Do not harm and do not be harmed."
Reference: Musnad Ahmad 1/313. Sunan Ibn Majah Al-Ahkam, Chapter: Whoever Builds on His Neighbor's Property Causing Harm, Hadith: 2340.
The general wording of this narration indicates that in a division where some loss has to be borne, the consent of all participants is necessary.
This division is somewhat like a sale ruling, in which an item can be returned due to a defect, and it also includes options like Khiyar al-Majlis and Khiyar al-Shart. If a person does not accept such a division, they cannot be forced against their will. However, if one partner demands the sale of the jointly owned item, the other partner will also be encouraged to agree to the sale. If they refuse, the judge will sell the item himself and distribute the price according to both shares.
The loss resulting from the division means that the value of the item decreases due to the division, whether or not benefit can be derived from it afterward. However, if no benefit can be obtained from the item after the division, this loss will not be considered valid.
Forced Partition
This is the type of partition in which no partner suffers any loss due to the division, nor does anyone have to pay any compensation. It is called forced partition because if all the related conditions are fulfilled, the judge can compel the obstructing partner. This partition usually occurs in orchards, large houses, vast lands, spacious shops, or items measured or weighed of the same kind.
The following three conditions are necessary to compel the obstructing partner in this partition:
① The ownership of the partners must be legally established.
② It must be known that no one will suffer any loss in this partition.
③ It must also be known that the shared item will be divided according to shares without any increase or decrease.
When these conditions are present and any one of the partners demands partition, the other partner will be compelled to agree to the partition, even if they are obstructing it, because partition eliminates the harm of partnership and each partner becomes autonomous in their share to benefit from it as they wish, for example, by planting crops on the land or constructing a building on it, etc., whereas such freedom is not available while the partnership continues.
If a partner's interest in the joint property is due to being a minor or mentally incompetent, then their guardian will act as their representative. And if any partner is absent, the judge will himself be considered their representative.
In reality, this partition is a way to easily deliver each partner their rightful share, and it does not fall under the rulings of sale like the first type, rather its rulings differ from those of sale.
If the partners wish, they can divide the shared item themselves, or have someone else divide it, or demand the appointment of a person to divide it from the judge.
For equal division of shares, it is necessary to make equal parts, provided that this is possible, such as in the case of a measurable or weight-based item.
If it is not possible to make equal parts of the item, then the entire item should be valued and then divided according to the shares. For example, the share of the lower-grade item can be made larger and the share of the higher-grade item smaller so that the values of both shares become equal. If even these two options are not possible, then the person taking the higher-grade item will pay the person taking the lower-grade item an amount equal to the excess value of the share they received over their original entitlement.
Once the partners agree to the division or drawing of lots, the division becomes binding, and the person dividing acts as the representative of the ruler.
If a draw is made, it is considered equivalent to the ruler's decision and it is obligatory to act upon it. The draw can be made using pebbles or by writing names on paper; both methods are permissible. It is recommended as a precaution that the name of each partner be written on a separate piece of paper and the draw be conducted accordingly, then each person's share should be determined through this method.
If one partner gives authority to another, the division of the item will be done by mutual consent, even if all partners are not gathered in one place.
If two persons have mutually agreed to divide a shared item and have also appointed witnesses to their consent, then later if any one of them objects or claims that the division was incorrect, their claim will not be considered. This is because each one has expressed their consent to the manner in which the division was made, and witnesses have also been appointed for it. Therefore, if someone has promised to give their partner something extra in the division agreement, they must give it, as it has become their right.
If someone claims that the person appointed by the ruler, or the person appointed by both partners for the division, made a mistake in the division, then their claim will be accepted with evidence; otherwise, the party denying the claim will take an oath, because the original fact is that no mistake occurred. If the claimant presents evidence that the division was incorrect, that evidence will be accepted and the previous division will be annulled, because their silence was based on trust in the apparent condition of the one who divided. When it becomes clear through evidence that a mistake occurred, the right to correction will be established.
If each of the two partners claims ownership of a thing and both take oaths to prove the truth of their claim, then the division will be annulled, because that thing can belong to only one of the two, not to anyone else, and there is no reason to prefer one over the other.
If someone unknowingly receives a share that has a defect, they will have the option to either annul the division or accept some compensation and maintain the division, because the presence of a defect is a loss, therefore they will have the same option as a buyer.
Statement of Claim and Evidence
The literal meaning of the word "claim" is to seek and desire. Allah Almighty says:
"وَلَهُم مَّا يَدَّعُونَ"
"And for them will be whatever they desire."
Reference: Ya-Sin: 36, 57.
In the terminology of jurists, a claim is when a person attributes the right to something to themselves which is either in someone's possession or under someone's responsibility.
"Al-Bayyina" meaning evidence, literally means a clear sign. In terminology, it refers to that which clarifies the truth and reality, whether in the form of witnesses or an oath.
Allama Ibn Qayyim (may Allah have mercy on him) says: "In Shariah, (الْبَيِّنَةُ) is the name of that thing which makes the truth clear and evident. Allah Almighty has prescribed such signs and indications of truth and reality by which it becomes clearly apparent. Whoever completely abandons these signs and indications has suspended many rulings of the Shariah and lost many rights."
Reference: Al-Tariq al-Hikmah, Ibn al-Qayyim, pp. 67, 384, 386.
The difference between the claimant and the defendant is that the claimant is the one who, if he remains silent, i.e., abandons his claim, then nothing becomes obligatory upon him, because he is the one seeking to obtain something. Whereas the defendant is the one who, if he remains silent, the judgment will be against him, because something is being demanded from him, and his silence is considered an acknowledgment that he is bound to pay something.
A condition for the claim to be valid and the denial to be credible is that the claimant or denier must be legally responsible, i.e., sane, adult, and free.
If two people claim ownership of something, that thing will be awarded to the one who has possession of it, provided that he also takes an oath.
The one who has the thing in his hand is called "inside," and the one who does not have it in his hand is called "outside."
If each of the two presents evidence or witnesses in support of his ownership, the decision will be in favor of the one who does not have possession of the thing, because it is narrated from Sayyiduna Ibn Abbas (may Allah be pleased with him) that the Messenger of Allah (peace be upon him) said:
"لَوْ يُعْطَى النَّاسُ بِدَعْوَاهُمْ، لَادَّعَى نَاسٌ دِمَاءَ رِجَالٍ وَأَمْوَالَهُمْ، وَلَكِنَّ الْيَمِينَ عَلَى الْمُدَّعَى عَلَيْهِ"
"If people were judged solely on the basis of claims, many would make claims on the blood and wealth of others; however, the burden of oath is on the defendant."
Reference: Sahih Muslim, Al-Aqdiyah, Chapter on the Oath upon the Claimant and Defendant, Hadith 1711, and Musnad Ahmad 1/342, 351, 363.
In another narration, it is:
" الْبَيِّنَةُ عَلَى الْمُدَّعِي ، وَالْيَمِينُ عَلَى مَنْ أَنْكَرَ".
"Presenting a witness is the responsibility of the claimant, and the oath is upon the one who denies the claim."
Reference: Sunan al-Daraqutni 3/111, 4/217, Hadith 3165, 4462; Arwa' al-Ghalil 8/279, Hadith 2661.
From these two narrations, it is established that presenting evidence is the responsibility of the claimant. If he presents evidence, the judgment will be in his favor. The oath is upon the person who denies the claim. The defendant will take the oath when the claimant is unable to present evidence and testimony.
Most scholars hold the opinion in this matter that the thing belongs to the one who has possession, i.e., in favor of the "possessor." And the hadith will be applied in the case where the possessor has no evidence. Otherwise, if possession and evidence both are with the same person, then that person has a stronger right to keep the thing in his possession. In this matter, the position of the majority seems more correct.
If the thing over which both parties claim is not in the possession of either, and there is no apparent evidence in favor of either party, nor does anyone have proof or testimony, then both will assume that the other has no right to it, and the thing will be divided equally between them, because both are equal in claim and there is no evidence to prefer one over the other. However, if there are apparent signs and evidence in favor of one party, the decision will be made accordingly.
If there is a dispute between husband and wife regarding household items, the item suitable for the man's use will be given to the man, and the item suitable for the woman's use will be given to the woman, while the items usable by both will be divided equally between them.
Statement of Testimony
Testimony, meaning witnessing, is derived from observation. That is why a witness is called someone who reports about something he has seen and known himself.
Is it necessary for the witness to say the words "I testify" at the time of giving testimony? There are two opinions among the scholars on this issue. The Hanbalis hold that saying the word "testimony" is necessary. However, a group of Imams believe that saying these words is not obligatory. A narration supporting the second opinion is also reported from Imam Ahmad, and Sheikh al-Islam Ibn Taymiyyah and Imam Ibn Qayyim also adopted this view.
Sheikh al-Islam Ibn Taymiyyah, may Allah have mercy on him, and his student Rashid Ibn Qayyim, may Allah have mercy on him, say: "There is no specific wording for testimony established by the Quran and Sunnah, nor is it transmitted from the noble Companions and the great Tabi‘in. Therefore, the one giving testimony can say any words from which the purpose of testimony is achieved. For example, the witness may say that I saw such an act happening or I personally heard such and such things, etc."
Reference: Al-Fatawa al-Kubra al-Ikhtiyarat al-Ilmiyyah p.578, Wal-Turuq al-Hikmiyyah Ibn al-Qayyim p.387.
In the rights of the servants (Huquq al-‘Ibad), the responsibility of giving testimony is a collective obligation (Fard Kifayah). Therefore, if there are enough witnesses to fulfill the purpose, the rest of the people will not be sinful. But if no witness is available except a particular person, then it will be an individual obligation (Fard ‘Ayn) upon him to give testimony, because Allah Almighty says:
"وَلَا يَأْبَ الشُّهَدَاءُ إِذَا مَا دُعُوا"
"And let not the witnesses refuse when they are called upon."
Reference: Al-Baqarah: 2/282.
That is, when they are called to be witnesses, it is obligatory for them to appear. Sayyiduna Ibn Abbas رضي الله تعالى عنه and others, in the interpretation of the verse, state that this means to give testimony and prove it before the judge. The protection of people's rights and contracts also demands this; therefore, giving testimony and fulfilling it is obligatory just as enjoining good and forbidding evil are obligatory.
At the time of necessity, giving testimony is an individual obligation (Fard Ayn) on the person who has accepted this responsibility. Allah Almighty says:
"وَلَا تَكْتُمُوا الشَّهَادَةَ وَمَنْ يَكْتُمْهَا فَإِنَّهُ آثِمٌ قَلْبُهُ"
"And do not conceal testimony, for whoever conceals it - his heart is indeed sinful."
Reference: Al-Baqarah: 2/28.
The meaning of this verse is that when you are called to give testimony, neither conceal it nor betray it. The words (آثِمٌ قَلْبُهُ) mean: "(a sinful heart)" that is, his heart is sinful. This is a severe warning related to the corruption of hearts. The specific mention of the heart in the verse is because the knowledge of testimony resides in it. From this verse, it is also understood that the person who has taken on the responsibility of testimony is obligated to fulfill it.
Imam Ibn Qayyim, may Allah have mercy on him, says: "Taking on the responsibility of giving testimony and fulfilling it is a right, the neglect of which makes a person sinful."
He also says: "Reasoning requires that if the concealment of the witness's testimony causes harm to the rightful owner, the witness will be liable for compensation."
The person who undertakes the responsibility of testifying and gives testimony also has the right that no kind of harm or loss be inflicted upon him. If the witness fears loss of life, financial damage, or dishonor by giving testimony, then it is not obligatory for him to testify.
Allah Almighty says:
"وَلَا يُضَارَّ كَاتِبٌ وَلَا شَهِيدٌ ۚ "
"And do not cause harm to the scribe or the witness."
Reference: Al-Baqarah:2/282.
And it is mentioned in a hadith:
"لَا ضَرَرَ وَلَا ضِرَارَ "
"Do not harm and do not reciprocate harm."
Reference: Musnad Ahmad 1/313. Sunan Ibn Majah Al-Ahkam, chapter: Whoever builds on his right something harmful to his neighbor, hadith:2340.
It is incumbent upon the witness to testify based on knowledge and certainty. Allah Almighty says:
"وَلا تَقْفُ مَا لَيْسَ لَكَ بِهِ عِلْمٌ"
"And do not pursue that of which you have no knowledge."
Reference: Al-Isra:17/36.
Also, Allah Almighty says:
"إِلَّا مَن شَهِدَ بِالْحَقِّ وَهُمْ يَعْلَمُونَ "
"(The ones deserving intercession are) those who acknowledge the truth and have knowledge."
Reference: Az-Zukhruf 43/86.
It is narrated from Sayyiduna Ibn Abbas رضي الله تعالى عنه that when the Prophet صلى الله عليه وسلم was asked about giving testimony, he صلى الله عليه وسلم said: "Do you see the sun?" He said: "Yes!" Then the Prophet صلى الله عليه وسلم said: "If you see something as clearly as that, then give testimony; otherwise, leave it."
Reference: Al-Mustadrak lil-Hakim: 4/110. Hadith: 7045. Wal-Kamil fi al-Du'afa by Ibn 'Adi 7/429. In the biography of Ibn Sulayman ibn Mashmool.
Imam Bayhaqi رحمه الله عليه says: "Its chain of narration is not reliable." And Hafiz Ibn Hajar رحمه الله عليه says: "Although this narration is weak, this issue is established by other evidences."Knowledge is acquired through one of the following means:
① Through the power of hearing, i.e., by hearing sound and speech.
② Through the power of sight, i.e., a person himself sees the event with his own eyes.
③ The witness must have heard about an event from so many people that they acquire knowledge to the level of certainty, such as proof of lineage or death. However, giving testimony merely based on the popularity of a matter is not correct unless certain knowledge is obtained.
A person's testimony will be accepted when it meets six conditions:
① Puberty
The testimony of children will not be accepted, except when the matter concerns children themselves.
Allama Ibn Qayyim, may Allah have mercy on him, states: "The practice of the Companions, may Allah be pleased with them all, and the jurists of Madinah, may Allah have mercy on them, was that they accepted the testimony of children in matters of mutual criticism because adults are generally not present in such cases. If the testimony of children is not accepted, many rights would be lost. However, there are a few conditions for accepting the testimony of children, which are as follows."
Reference: I'lam al-Muwaqqi'in:1/102.
◈ The matter must concern children themselves.
◈ They must be in such a number that their report leads to certainty.
◈ They must give testimony before dispersing.
◈ Their statements should be consistent with each other.
Allama Ibn Qayyim, may Allah have mercy on him, further states that the speculative knowledge obtained from the testimony of these children will be much stronger than the speculative knowledge obtained from the testimony of two men; therefore, it cannot be rejected nor denied.
Reference: A'lam al-Muwaqqi'in:1/102.
② Intellect
The testimony of a mad or insane person will not be accepted. However, the testimony of a person who suffers from madness or epileptic seizures will be accepted only when, at the time of witnessing the event or giving testimony, they are not in a state of seizure.
③ Speech
The testimony of a mute person will not be accepted, even if their gestures are understood, because certainty is required in testimony and it is not attained merely through gestures. However, the gestures of a mute person will be valid in matters related to their own self, such as marriage and divorce, because there is compulsion in those cases. But if a mute person presents testimony in written form, it will be considered reliable, because writing indicates the words of the language.
④ Islam
Allah Almighty says:
"وَأَشْهِدُوا ذَوَيْ عَدْلٍ مِّنكُمْ "
"And take as witnesses two just men from among you."
Reference: At-Talaq 2/65.
The testimony of a disbeliever will only be accepted in the matter of a will made during travel, provided there is no Muslim present there. Allah Almighty says:
"يَا أَيُّهَا الَّذِينَ آمَنُوا شَهَادَةُ بَيْنِكُمْ إِذَا حَضَرَ أَحَدَكُمُ الْمَوْتُ حِينَ الْوَصِيَّةِ اثْنَانِ ذَوَا عَدْلٍ مِّنكُمْ أَوْ آخَرَانِ مِنْ غَيْرِكُمْ إِنْ أَنتُمْ ضَرَبْتُمْ فِي الْأَرْضِ فَأَصَابَتْكُم مُّصِيبَةُ الْمَوْتِ ۚ "
"O you who have believed, if one of you should die, the will should be made in the presence of two just witnesses from among you. And if you are on a journey and cannot find two just men, then one man and two women from those whom you accept as witnesses - so that if one of the women errs, then the other can remind her."
Reference: Al-Ma'idah: 5/106.
⑤ Memory
The testimony of a person who is not sane or who forgets excessively will not be accepted, because neither certainty nor strong presumption is obtained from their statement, but rather a strong possibility of error remains. However, the testimony of a person who occasionally forgets will be accepted, because hardly anyone is free from that.
⑥ Justice
The literal meaning of justice is to be straight and correct, and it is the opposite of oppression and transgression. In Islamic terminology, it means "that a person's religious matters are correct and moderate, and there is balance in his words and actions."
The evidence for the condition of justice in a witness is the command of Allah Almighty:
"مِمَّنْ تَرْضَوْنَ مِنْ الشُّهَدَاءِ"
"Whom you choose as witnesses."
Reference: Al-Baqarah:5/282.
And Allah Almighty says:
"وَأَشْهِدُوا ذَوَيْ عَدْلٍ مِّنكُمْ "
"And appoint two just men from among you as witnesses."
Reference: At-Talaq 2/65.
According to the majority of scholars, justice means that a Muslim observes the obligations and recommended acts of religion and avoids prohibitions and disliked acts.
Shaykh al-Islam Ibn Taymiyyah, may Allah have mercy on him, says: "The jurists agree that the testimony of a liar will be rejected."
Reference: Minhaj as-Sunnah an-Nabawiyyah 1/62. Al-Fatawa al-Kubra al-Ikhtiyarat al-Ilmiyyah ash-Shahadat 5/574.
He further states that the standard of justice varies according to every era, every region, and every society. In every nation, the person who is accepted as a witness there is considered just. If the same person is in another region, it is possible that the standard of the court there is different, therefore the decision among people will be made according to their customs. If it is made mandatory for witnesses to be like the Companions of the Prophet (may Allah be pleased with them all), who strictly adhere to obligations and completely avoid prohibitions, then testimonies will end or become very difficult.
Reference: Minhaj al-Sunnah al-Nabawiyyah 1/62. Wal-Fatawa al-Kubra al-Ikhtiyarat al-Ilmiyyah al-Shahadat 5/574.
He also states: "Those people who are known for truthfulness and honesty, their testimony should be accepted out of necessity even if they do not fully adhere to the limits, such as in prisons, rural incidents, or in a settlement where there is no just person."
Reference: Minhaj al-Sunnah al-Nabawiyyah 1/62. Wal-Fatawa al-Kubra al-Ikhtiyarat al-Ilmiyyah al-Shahadat 5/574.
The jurists have said that two things are considered in the court:
◈ Performance of Obligatory Acts means the five obligatory prayers, Friday prayer, and the observance of emphasized Sunnahs. Therefore, a person who does not observe the emphasized Sunnahs and Witr, his testimony will not be accepted.
Imam Ahmad ibn Hanbal, may Allah have mercy on him, said: "A person who does not consistently follow the Sunnah is a bad person, because due to his continuous abandonment, he is one who turns away from the Sunnah, is blameworthy, and deserving of reproach."
Just as it is obligatory to perform the obligatory acts, it is also necessary to avoid prohibited acts, that is, to abstain from major sins and not persist in minor sins.
Allah Almighty has declared the testimony of one who accuses a chaste man or woman of adultery to be rejected, so by analogy, the testimony of a person who commits major sins will also be rejected. A major sin is one for which a legal punishment is prescribed in this world, or for which the punishment in the Hereafter is mentioned in the Quran and Hadith, such as usury, false testimony, adultery, theft, and the use of intoxicants, etc. All these are major sins. Similarly, the testimony of a sinful person will also not be accepted.
◈ Courtesy and Nobility means adopting actions that bring adornment and beauty to a person, such as generosity, good manners, and good treatment of neighbors; and avoiding lowly and disgraceful actions that harm honor, for example, obscene songs, telling false humorous stories to make people laugh, etc. (This also includes today's dramas, and singing has nowadays come to be considered an "art" which is encouraged and such people are praised. May Allah protect us from these trials.)
When the impediments to a person's testimony are removed, for example, a child becomes an adult, a mentally ill person becomes sane and wise, a disbeliever becomes a Muslim, and a sinner repents, then all their testimonies will be accepted, because the obstacle to acceptance of testimony will have been removed, provided all other conditions are also fulfilled.
Testimony will not be accepted in favor of the father, grandfather, great-grandfather, etc., just as testimony is not accepted in favor of sons, grandsons, and great-grandsons, because there is a possibility of false accusation and bias due to kinship.
The testimony of a brother in favor of a brother, and a friend in favor of a friend, will be accepted, because the Shariah evidences are general, and this is not a matter of suspicion.
The testimony of a husband and wife for each other will not be accepted, because each benefits from the other's wealth, and due to the strong relationship between them, an accusation of bias may arise. However, the testimony of all these relatives will be accepted when they testify against each other, because Allah Almighty says:
"كُونُوا قَوَّامِينَ بِالْقِسْطِ شُهَدَاءَ لِلَّهِ وَلَوْ عَلَىٰ أَنفُسِكُمْ أَوِ الْوَالِدَيْنِ وَالْأَقْرَبِينَ ۚ "
"O you who have believed, be persistently standing firm in justice, witnesses for Allah, even if it be against yourselves or parents and relatives."
Reference: An-Nisa:4/135.
Therefore, if someone testifies against their father, son, wife, or husband, it will be accepted.
The testimony of a person who benefits from it or is saved from some loss will not be accepted. Similarly, if there is intense enmity between two people, the testimony of one against the other will not be accepted, because it is possible that he wants to harm the other through false testimony. This is also the opinion of Allama Ibn Qayyim, may Allah have mercy on him. The criterion for recognizing mutual enmity is that one person feels happy seeing the other's pain and suffering, and feels sad seeing the other's happiness and comfort. It should be noted that here the meaning is worldly enmity, not religious enmity, because that does not prevent the acceptance of testimony. Therefore, the testimony of a Muslim will be accepted against a disbeliever, and the testimony of a monotheist will also be accepted against an innovator.
The testimony of a person who is biased in favor of his tribe will not be accepted in favor of his tribesmen, because there is a fear of false accusation in it.
The Required Number of Witnesses
The number of witnesses varies in different matters:
① In the accusation of adultery and the act of the people of Lot
To prove these matters, the testimony of four men is necessary, because Allah Almighty says:
"لَوْلَا جَاءُوا عَلَيْهِ بِأَرْبَعَةِ شُهَدَاء"
"Why does he not bring four witnesses upon it?"
Reference: An-Nur: 13, 24.
Since concealment is desired in these matters, strictness has been maintained in the prescribed number of witnesses.
② In proving poverty and need
If a person was previously known to be wealthy, and now it is claimed that he is needy and poor, then the testimony of three men will be accepted, because in the hadith it is stated:
"حَتَّى يَقُومَ ثَلَاثَةٌ مِنْ ذَوِي الْحِجَا مِنْ قَوْمِهِ: لَقَدْ أَصَابَتْ فُلَانًا فَاقَةٌ"
"Until three persons from his people testify that so-and-so has fallen into poverty and destitution."
Reference: Sahih Muslim, Zakat, Chapter: Who is permitted to take it, Hadith 1044.
③ In other Hudood and Qisas
Except for adultery, in other Hudood such as the punishment for slander (Qadhf), drinking alcohol, theft, robbery, and Qisas, the testimony of two men will suffice. In these matters, the testimony of women will not be accepted.
④ Non-financial matters in which there is no punishment or expiation
Matters in which there is neither punishment, nor expiation, nor is wealth the objective, and generally only men are involved in them, such as marriage, divorce, and reconciliation, in these two men's testimonies are sufficient.
Sheikh al-Islam Ibn Taymiyyah, may Allah have mercy on him, and his student Imam Ibn Qayyim, may Allah have mercy on him, have also considered the testimony of women valid in the matter of reconciliation, because their presence at the time of reconciliation is easier than their presence at the time of writing any other contract.
Reference: I'lam al-Muwaqqi'in:1/98.
⑤ In financial matters
In matters involving wealth or where wealth is the objective, such as sale, loan, or lease, the testimony of two men, or one man and two women, will be accepted, because Allah Almighty says:
"واستشهدوا شَهِيدَيْنِ مِّن رِّجَالِكُمْ فَإِن لَّمْ يَكُونَا رَجُلَيْنِ فَرَجُلٌ وامرأتان مِمَّن تَرْضَوْنَ مِنَ الشهدآء"
"And get two witnesses from among your men. And if there are not two men, then one man and two women from those whom you accept as witnesses."
Reference: Al-Baqarah: 2/282.
Allama Ibn Qayyim (may Allah have mercy on him) says: "Muslims agree that in financial matters, the testimony of one man and two women will be accepted. Similarly, the same ruling applies to matters related to financial transactions, such as: credit sale, sale with option, pledge, bequest in favor of a specific person, gift, endowment, financial guarantee, loss of property, claiming a person of unknown lineage as a slave, and determining compensation in dowry or khula, etc."
Reference: I'lam al-Muwaqqi'in: 1/97.
The wisdom behind accepting a woman's testimony in financial matters is that such matters frequently occur, and women, along with men, come into contact with them. Therefore, Allah Almighty has allowed leniency in their testimony.
Allah Almighty has prescribed in many rulings of Shariah that a woman receives half the share of a man, for example, in testimony, two women are set against one man. Similarly, in inheritance and blood money (diyat), her share is half that of a man, and in 'aqiqah, one goat is prescribed for a girl.
Allah Almighty has explained this wisdom as follows:
"أَن تَضِلَّ إِحْدَاهُمَا فَتُذَكِّرَ إِحْدَاهُمَا الْأُخْرَىٰ"
"If one forgets, the other reminds."
Reference: Al-Baqarah:2/282.
The noble verse is a clear proof of the weak intellect of a woman, therefore a woman will not be a substitute for a man. However, completely abolishing the testimony of a woman risked the loss of many rights, so another woman was included alongside one woman to compensate for forgetfulness. Thus, the testimony of two women was considered equivalent to that of one man.
⑥ Oath of One Witness and the Claimant
In financial matters, or where wealth is concerned, it is legally correct to decide with the testimony of one man and the oath of the claimant, because it is narrated from Sayyiduna Ibn Abbas, may Allah be pleased with him:
"أن النبي - صلى الله عليه وسلم - قضى باليمين مع الشاهد"
"The Prophet (peace be upon him) decided with the oath of the claimant and one witness."
Reference: Sahih Muslim Al-Qadha Bab Wujub al-Hukm bi Shahid wa Yamin Hadith 1712. And Sunan Abi Dawood Al-Qadha Bab al-Qadha bil Yamin wal Shahid Hadith 3610. The wording is his.
Imam Ahmad, may Allah have mercy on him, says: "Among the Muslim Ummah, this Sunnah (method) is established that the decision will be made with the oath and one witness."
Reference: Al-Mughni wal Sharh al-Kabir 12/13.
Allama Ibn Qayyim (may Allah have mercy on him) says about this narration: "This hadith does not contradict the hadith in which it is stated that 'the oath is upon the defendant,' because the intended meaning is that when the claimant only has a claim and no evidence, a decision will not be made in his favor merely on the basis of the claim. However, when testimony or some other clear evidence in favor of the claimant is presented, the decision is not made in favor of the claimant merely on the claim, but rather the oath, witness, etc., give importance and preference to his side."
Reference: I'lam al-Muwaqqi'in: 1/106.
⑦ Matters about which men generally do not have knowledge
Matters about which men generally do not have information, such as defects in a woman that are in parts of the body that are to be covered, or a woman’s virginity, as well as menstruation, childbirth, breastfeeding, and whether a newborn child is born alive or dead— in these matters, the testimony of a trustworthy and pious woman will be accepted, because it is narrated from Sayyiduna Hudhaifah (may Allah be pleased with him):
"أنه - صَلَّى اللَّهُ عَلَيْهِ وَسَلَّمَ - أجاز شهادة القابلة"
"The Messenger of Allah, peace be upon him, accepted the testimony of a single wet nurse."
Reference: (Weak) Sunan al-Daraqutni 4/232 Hadith 4511, and Al-Sunan al-Kubra by Al-Bayhaqi 10/15.
Although the chain of narration of this hadith is weak, the Messenger of Allah, peace be upon him, accepted the testimony of one woman regarding the issue of breastfeeding, as mentioned in the story of Uqbah bin Harith in Sahih al-Bukhari.
Reference: Sahih al-Bukhari, Knowledge, Chapter: The man in the matter that has come down and teaching his family, Hadith 88.
