So also the Prophet has said, “We are not to credit the evidence of a wife concerning her husband, or of a husband concerning his wife; or of a slave concerning his master; or of a master concerning his slave; or, lastly, of a hirer concerning his hireling.”
The testimony of one partner in favour of another, in a matter relative to their joint property, is not admissible; because it is in some degree in favour of himself. The testimony, however, of partners, in favour of each other, in matters not relating to their joint property, is admissible, because in it there is no room for suspicion. The testimony of a person who has committed a great crime, such as induces punishment, is not admissible, because in consequence of such crime he is unjust. The testimony of a person who goes naked into the public bath is inadmissible, because of his committing a prohibited action in the exposure of his nakedness.
The testimony of a person who receives usury is inadmissible; and so, also, of one who plays for a stake at dice or chess. The evidence of a person guilty of base and low actions, such as making water or eating his victuals on the high road, is not admissible; because where a man is not refrained, by a sense of shame, from such actions as these, he exposes himself to a suspicion that he will not refrain from falsehood.
The evidence of a person who openly inveighs against the Companions of the Prophet and their disciples is not admissible, because of his apparent want of integrity. It is otherwise, however, where a person conceals his sentiments in regard to them, because in such case the want of integrity is not apparent.
The testimony of ẕimmīs with respect to each other is admissible, notwithstanding they be of different religions.
The Imām Abū Ḥanīfah is of opinion that a false witness must be stigmatised, but not chastised with blows. The two disciples are of opinion that he must be scourged and confined; and this also is the opinion of ash-Shāfiʿī.
The mode of stigmatising a false witness is this:—If the witness be a sojourner in any public street or market-place, let him be sent to that street or market place; or, if otherwise, let him be sent to his own tribe or kindred, after the evening prayers (as they are generally assembled in greater numbers at that time than any other); and let the stigmatiser inform the people that the Qāẓī salutes them, and informs them that he has detected this person in giving false evidence; that they must, therefore, beware of him themselves, and likewise desire others to beware of him.
If witnesses retract their testimony prior to the Qāẓī passing any decree, it becomes void; if, on the contrary, the Qāẓī pass a decree, and the witnesses afterwards retract their testimony, the decree is not thereby rendered void.
The retraction of evidence is not valid, unless it be made in the presence of the Qāẓī.
EVIL EYE. Iṣābatu ʾl-ʿAin (اصابة العين). Muḥammad was a believer in the baneful influence of an evil eye. Asmāʾ bint ʿUmais relates that she said, “O Prophet, the family of Jaʿfar are affected by the baneful influences of an evil eye; may I use spells for them or not?” The Prophet said, “Yes, for if there were anything in the world which would overcome fate, it would be an evil eye.” (Mishkāt, book xxi. c. i. part 2.)