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Witness

Observe this little gem hidden deep within Book O. An infidel can not terstify. Muslimas are discounted
50% and excluded from some cases.
Chapter O24.0: Witnessing and Testying
O24.1
It is a communal obligation (def: e3.2) to both witness (A: i.e observe) legal events and to testify
to have witnessed them. If there is only one person to do so, then it is personally obligatory upon
him, in which case he may not accept payment for it, though if it is not personally obligatory, he
may accept a fee.
O24.2
Legal testimony is only acceptable from a witness who:
(a) is free;
(b) is fully legally responsible (mukallaf, def: c8.1) (O: as testimony is not accepted from a child
or insane person, even when the child's testimony regards injuries among children that occurred
at play);
(c) is able to speak;
(d) it mentally awake;
(e) is religious (O: meaning upright (o24.4) (A: and Muslim), for Allah Most High says,
"Let those of rectitude among you testify" (Koran 65:2),
and unbelief is the vilest form of corruption, as goes without saying);
(f) and who is outwardly respectable (O: respectability (muru'a) meaning to have the positive
traits which one's peers possess in one's particular time and place. Sheikh al-Islam (A: Zakariyya
Ansari) says, "Respectability is refraining from conduct that is unseemly according to standards
commonly acknowledged among those who observe the precepts and rules of the Sacred Law." It
is according to standards commonly acknowledged (def: f4.5) because there are no absolute
standards for it, but rather it varies with different persons, conditions, and places, Such things as
eating and drinking (A: in the marketplace or wearing nothing on one's head may vitiate it (A:
though the latter is of no consequence in our times), as may a religious scholar's wearing a robe
or cap in places where it is not customary for him to do so).
The testimony of an absentminded person (O: meaning someone who often makes mistakes and
forgets) is not acceptable (O: because he is unreliable).
Look closely at sub section (e). Only a Muslim can testify in court!
O24.7

The testimony of the following is legally acceptable when it concerns cases involving property,
or transactions dealing with property, such as sales:
-1- two men;
-2- two women and a man;
-3- or a male witness together with the oath of the plaintiff.
O24.8
If testimony does not concern property, such as a marriage or prescribed legal penalties, then only
two male witnesses may testify (A: though the Hanafi school holds that two women and a man
may testify for marriage).
O24.9
If testimony concerns fornication or sodomy, then it requires four male witnesses (O: who
testify, in the case of fornication, that they have seen the offender insert the head of his penis into
her vagina).
O24.10
If testimony concerns things which men do not typically see (O: but women do), such as
childbirth, then it is sufficient to have two male witnesses, a man and two women, or four
women.
Observe the highlighted items closely. This Islamic law flows directly from Allah's word.
2:282. O you who believe! When you contract a debt for a fixed period, write it down. Let a
scribe write it down in justice between you. Let not the scribe refuse to write as Allh has taught
him, so let him write. Let him (the debtor) who incurs the liability dictate, and he must fear Allh,
his Lord, and diminish not anything of what he owes. But if the debtor is of poor understanding,
or weak, or is unable himself to dictate, then let his guardian dictate in justice. And get two
witnesses out of your own men. And if there are not two men (available), then a man and
two women, such as you agree for witnesses, so that if one of them (two women) errs, the
other can remind her. And the witnesses should not refuse when they are called on (for
evidence). You should not become weary to write it (your contract), whether it be small or big,
for its fixed term, that is more just with Allh; more solid as evidence, and more convenient to
prevent doubts among yourselves, save when it is a present trade which you carry out on the spot
among yourselves, then there is no sin on you if you do not write it down. But take witnesses
whenever you make a commercial contract. Let neither scribe nor witness suffer any harm, but if
you do (such harm), it would be wickedness in you. So be afraid of Allh; and Allh teaches you.
And Allh is the All-Knower of each and everything.
Take note of the highlighted clauses in that ayeh. A woman's testimony has half the weight of a mans in
Islamic law.

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