of the Qur’an in any way, for we already pass judgment on the basis of two male witnesses, or one male witness together with two women. When only a single witness is available we may rule with that witness plus an oath, and this still does not contradict the Qur’an, for Allah has not forbidden using fewer than the number He mentioned in His Book. The Messenger of Allah ﷺ best understood what Allah intended, and Allah has commanded us to accept whatever the Messenger brings.
Ibn al-Qayyim adds: The Qur’an nowhere states that a judge may decide only when there are two witnesses, or one man and two women. What Allah, exalted be He, did command is that claim-holders should protect their rights by securing that quota of testimony; He did not address judges, nor did He obligate them to rule only with that standard. For this reason a judge may rule on the basis of refusal to swear (nukūl), the transferred oath (al-yamīn al-mardūdah), the testimony of a single woman, the testimony of women on their own with no man among them, and other avenues of adjudication that are not mentioned in the Qur’an. If judging with one witness were contrary to the Book of Allah, these other methods would be even more so; and if they are not contrary, then judging with a single witness plus an oath is even less likely to be so.
The procedures for adjudication are one thing, the measures for safeguarding rights another, and the two are not inseparable. A right may be protected by means the judge himself does not employ—methods the claimant knows will secure his due, without ever thinking about refusal to swear, returning an oath, and the like. It is indeed strange to reject a witness and an oath, yet issue a verdict solely on the basis of someone’s silence when asked to swear, for silence is not speech and no statement can be attributed to one who says nothing.
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When judgment is rendered on the strength of a single witness and an oath, the decisive element is the witness’s testimony alone, the oath serving merely to reinforce and confirm it; this is the explicit position of Aḥmad. Therefore, if the witness later retracts, full liability falls upon him.
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Considering the hadith evidence, the underlying rationale, the detailed analysis, and the comparison of the two positions, the view that accepts one witness together with an oath in financial claims appears stronger. Allah knows best.