Ashhab from him, about the nature of the lawth that warrants qasāma. He replied, “Evidence that is neither strong nor conclusive.” He was asked, “Would a woman’s testimony count as such?” He replied, “Yes.” He was then asked, “Would the testimony of a man who is not upright count as such?” A slave’s testimony, but not a Christian’s. According to Ibn al-Qāsim’s narration from him, he did not regard a single witness as constituting lawth unless that witness was upright. Lawth also includes the testimony of witnesses who are not upright, and the testimony of a group of women and boys. It also includes finding the killer beside the victim with a blade in his hand, or stained with the victim’s blood, or emerging from the place where the victim lies gushing blood, with no one else found there, or similar circumstances. Rabīʿa regarded a Christian’s testimony as constituting lawth.
Section
As for an upright witness who testifies to having witnessed the killing, Mālik and his followers agree that this constitutes lawth warranting qasāma. This is also Ashhab’s position in Ibn al-Mawwāz’s book. Ibn al-Qāsim said in Ibn al-Mawwāz’s book, “The qasāma oaths are not sworn on the strength of a single witness to the killer’s confession.” This apparently refers to intentional killing. It is also the apparent meaning of the passage in al-Mudawwana if Sahnūn’s addition—the words “accidental homicide”—is omitted. That interpretation, however, is unlikely. The correct position is that qasāma is required when a single witness testifies to the killer’s confession to intentional killing, since there is no difference between a witness testifying to having witnessed the killing and his testifying to the killer’s own confession.
There is likewise disagreement over whether a single witness’s testimony to a confession of accidental killing constitutes lawth. His differing statements on this appear in Sahnūn’s transmitted reports in the Book of Blood Money. The correct position is that stated in al-Mudawwana: it does not constitute lawth warranting qasāma, because