shahadah assignment.docx

Ibn al qayyim said the prophet pbuh never rejected

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Ibn Al-Qayyim said, ‘The Prophet [pbuh] never rejected any statement from a reliable person, whether in narration or as a testimony, but he accepted the witness of a just person in all matters that were witnessed. He also accepted the testimony of a single slave woman regarding nursing.’ The source of this misconception is the verse: ‘And bring to witness two witnesses from among your men. And if there are not two men [available], then a 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. …’ [Al-Baqarah, 2: 282] Critics confuse the term Shahadah [testimony] and Ishhad [Affidavit]. This verse is dealing with Ishhad [affidavit]. With Shahadah [testimony], the judge needs confirmation from a witness and this does not depend on sex, but only on the judge’s assurance of the truthfulness of the testimony, regardless of sex and the number of witnesses. Once the judge is assured of the validity of the evidence, he approves the testimony of two men, two women, a man and a woman, a man and two women, a woman and two men, or a single man or a single woman. The sex of the witnesses, according to which the judge passes his ruling, has no effect on his decision. The verse refers to the Ishhad [Affidavit] which means that the debtor uses this to confirm his debt. It does not refer to the type of testimony in which the judge rules between litigants. This verse addresses the debtor, not the judges. Moreover, it does not refer to all debtors, but it gives
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guidance and advice to a certain type of debtor in special cases where the debts have particular circumstances that are stipulated by the verse. These debts must be for an appointed term which is written down by a scribe who is known to be honest. Among the jurists who perceived this difference and explained it in detail are Ibn Taymiyah [661-728 A.H./1263-1328 C.E], his student, Ibn Al-Qayyim [d. 751 AH], and two recent scholars, Sheikh Muhammad ‘Abdu [1265- 1323 A.H-1865-1905 C.E.] and Sheikh Mahmud Shaltut [1310- 1383 A.H /1893-1963 C.E.].2 Ibn Taymiyah and Ibn Al-Qayyim said the following about the evidence [al-bayyinah] upon which the judge decides and whose juristic and legal basis was deducted from the saying of Allah’s Messenger [pbuh], ‘Evidence must be presented by the one making the allegation and the defendant has to make an oath.’ [Al-Bukhari] Evidence [al-bayyinah] in jurisprudence refers to all things that reveal the truth. It can be accomplished by four witnesses or in some cases by three witnesses [as in the case of proving insolvency], or two witnesses, or even a single witness, including a single woman. Evidence can be revealed by abstaining from making the oath, or fifty oaths or four oaths, which can be revealed by the current condition. Thus, the Prophet’s [pbuh] statement, ‘Evidence [al-Bayyinah] has to be presented by the one who makes the allegation’ means that the claimant must present that which proves his claim. Once his truthfulness is proven, by whichever means, the judge decides in his favour. Thus, the criteria for evidence [al-
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  • Fall '19
  • witness, oath, Ibn Taymiyyah, Ibn Al-Qayyim

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