as valid proof and evidence in these rulings, but not as proof warranting stoning. Likewise, according to Ahmad, the testimony of the People of the Book against Muslims is accepted concerning a bequest made while travelling. Children’s testimony concerning injuries is also accepted, provided they give it before dispersing, according to one of the two reports from him.
If a witness testifies that he saw a man, a woman, and a boy beneath a blanket or in a privy, or saw the two of them naked or with their trousers undone, and there are accompanying indications supporting his testimony—such as the blanket being found, contrary to customary practice, where the two were; or a light being with one or both of them, brought into view, seen, and then extinguished—then extinguishing that light is evidence that the person was concealing what he was doing. If there was nothing to conceal other than what the witness testified to, this constitutes exceptionally clear evidence supporting his testimony.
This subject is immensely beneficial in matters of religion. It is among the teachings brought by the Sharia that many judges and students of jurisprudence have neglected, claiming that no one may be punished except on the basis of eyewitness testimony or a confession heard directly. This contradicts what is established through mass transmission in the Sunnah and the practice of the Rightly Guided Caliphs. It also contradicts the innate disposition of hearts that recognize right and reject wrong. People of sound judgment know that no just system of governance would reject such evidence, let alone the perfect Sharia. This is supported by the words of Allah Most High:
“O you who believe, if a defiantly disobedient person brings you news, verify it, lest you harm people out of ignorance.”
The verse contains several points of evidence.