One witness testimony and Answering-Ansar

Answering-Ansar has a very bad habit of using short cuts to prove their cult the true religion. AA uses something to accuse someone in one article, and than goes on to justify the samething in another topic. At the end, it only succeeds in deceiving the ones who puts their trust in this site. Here is one more example.

Answering-Ansar says:

Mu’awiya ‘the Hadi’ introduced the Bidah of a single oath and witness in Islam.

We read in the Sharah of ‘Muawtta Imam Muhammad’ written by one of the revered Hanafi & Deobandi scholars Allamah Muhammad Abdul Hai al-Lucnowi (d. 1304 H):

ذكر ذلك ابن ابي ذئب عن ابن شهاب الزهري قال سألته عن اليمين مع الشاهد فقال : بدعة وأول من قضى بها معاوية

Ibn Abi al-Deab reported that he asked ibn Shehab al-Zuhari about the oath with the a witness, he (al-Zuhari) replied: “This is bid’ah and the first one who practiced it was Mu’awiya.”
Taleequl Majeed – Sharah Muawtta Imam Muhammad, page 363

We read in one of the esteemed Hanafi works, Sharah Waqaya:

إذا أنكر الخصم يرد اليمين على المدعي وعندنا هذا بدعة وأول من قضى بها معاوية

“If the opponent denied, the oath will be required from the claimant, and this is bid’ah, the first one who introduced it was Mu’awiya”
Sharah Waqayah, Volume 3 page 205

Imam of Ahle Sunnah Allamah Saaduddin Taftazani records:

وذكر في المبسوط أن القضاء بشاهد ويمين بدعة وأول من قضى بها معاوية

“It is mentioned in al-Mabsut that judgment by single witness and oath is bid’ah, the first one who introduced it was Mu’awiya”
Tauzeeh Sharah Talweeh, page 430

and than in the article of Fadak , AA says:

Why didn’t Abu Bakr accept the claim of Sayyida Fatima (as) in the first instance? Why did he ask for witness corroboration? If the court believes in the witness testimony, or that given by the claimant, then judgement can be passed. Additional witnesses are required to confirm the truthfulness of a claim, to convince a Judge. If a thing is truthful, then it remains true whether you have one witness or ten witnesses. The witness of a credible witness followed by many witnesses who are not as strong in no way weakens a case if the first witness’s credibility is proven. The Ulema of Islam have set conditions on the number of witnesses in general circumstances which refers to specific situations, but this does not apply where the Ruler has direct knowledge on a matter. Let us cite an example:

I am a Judge and I witness a man robbing another man, no other witnesses are present. Will I apply the Islamic penalty or shall I state ‘I demand two witnesses to verify what I saw’.Failure to do shall lead to me to dismiss the case’.

Witnesses are summoned as a matter of clarity, to arrive at a correct judgement. If a Judge does not have clear direct knowledge on matter then he can utilise reliance on witness testimony. Hadhrat Abu Bakr should have accepted Fatima’s belief in the correctness of her claim – after all Sunnis Fiqh stipulates that the testimony of one just Sahaba is all that is needed (Fathul Bari Volume 9 page 44).

Perhaps the AA team wants to follow the “bidahs” of Muawiyah?

Anyhow, as far as one witness is concerned, it has been allowed in certain cases and it is not the bidah of Muawiyah, Imam Zuhri’s very student, Imam Malik differed with him on this. We read in Muwatta of Imam Malik:

وحدثني مالك أنه بلغه أن أبا سلمة بن عبد الرحمن وسليمان بن يسار سئلا هل يقضى باليمين مع الشاهد فقالا نعم قال مالك مضت السنة في القضاء باليمين مع الشاهد الواحد يحلف صاحب الحق مع شاهده ويستحق حقه فإن نكل وأبى أن يحلف أحلف المطلوب فإن حلف سقط عنه ذلك الحق وإن أبى أن يحلف ثبت عليه الحق لصاحبه

Malik related to me that he heard that Abu Salama ibn Abd ar-Rahman and Sulayman ibn Yasar were both asked, “Does one pronounce judgement on the basis of an oath with one witness?” They both said, “Yes.”

Malik said, “The precedent of the sunna in judging by an oath with one witness is that if the plaintiff takes an oath with his witness, he is confirmed in his right.

Malik :: Book 36 : Hadith 36.4.7

We read in al Mughni by Ibn Qadama that the same is the view of Imam Shafi and Imam Ahmad.

Al Mughni, Kitab-ush-shahadat

Malik related to me that he heard that Abu Salama ibn Abd ar-Rahman and Sulayman ibn Yasar were both asked, “Does one pronounce judgement on the basis of an oath with one witness?” They both said, “Yes.”

Malik said, “The precedent of the sunna in judging by an oath with one witness is that if the plaintiff takes an oath with his witness, he is confirmed in his right.

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