Witnessing

The one who knows it must declare it to everyone, so that one can get his/her right. When one says it s/he must begin with: “I certify...” The judge may verify his/her sincerity by watching the face of the one who is mentioned in the witness or the one appointed by him/her. The judge may ask them to swear for the accusation and separate them, except in case of adultery. In case of adultery there must be four rational men for witnessing. In case of the Right of Allah and the Laws of Retribution (al-Qisās) there must be two men for witnessing. Regarding the private parts of women then, one rational adult woman is enough for witnessing.

Regarding all of the rest of cases the witness are two men or one man and two women, or one man and the other witness shall be considered the plaintiff who swears.

Perjury is strictly forbidden, and it is like joining partners (in worship) with Allah, exalted be He. Whoever witnesses without knowledge or certainty shall be considered a perjurer. Therefore, the righteous witness is the one that bases on sight. Regarding the saying, the hearing will be enough with the sight or that one of the two witnesses identifies the names of the person that is mentioned in the witness and his family name. Regarding the kin, marriage, death, endowment, its fame in its place shall be considered enough for the witness to be righteous, even if it was by assumption or by certain knowledge. 

Regarding the property like in case of a house, for example, if it was witnessed that it is a property of Zayd, then it is not to be witnessed except after verifying that it is really a property of Zayd and that he is the one who really runs it, and that the people witness that it is really his, and no one else shares him in the ownership of the said house. Or else it shall be witnessed that it is owned by another one but him.