In the name of Allah, the Most Gracious, the Most Merciful. Blessings and peace be upon the noblest of the Prophets and Messengers, our Prophet Muhammad, and upon all his family and Companions.
This is a detailed summary of what was covered in this part of the explanation of al-Risalah by Imam al-Shafi’i, focusing on the important points and clarifications, supplemented with some additions and clarifications that help in understanding the question more deeply.
Paragraph 1051 onward: the chapter on the solitary report and the continuation of the debate:
The question of the solitary report is one of the most important questions in the principles of jurisprudence, and it has a great impact on fiqh and creed.
- The importance of the question: Imam al-Shafi’i explains the importance of this question in building legal rulings, whether practical rulings of fiqh or matters of creed and faith. The majority of Muslim scholars throughout the ages have agreed on the probative force of a solitary report established according to its conditions, even in matters of creed, in contrast to some groups such as the Zahiris, the Ash’aris, and the Mu’tazilah, who require mass transmission (tawatur) in matters of creed.
- The most important works on the question: Al-Shafi’i points to the importance of referring to the works that have dealt with this question in detail, among them his book al-Risalah, which is considered one of the first comprehensive books on the principles of jurisprudence. Mention was then made of the efforts of other scholars, such as Ibn Hazm in al-Ihkam, Shaykh al-Islam Ibn Taymiyyah, and Shaykh al-Albani in his treatise Khabar al-Wahid Hujjah fi al-‘Aqa’id (The Solitary Report Is a Proof in Matters of Creed). This shows the scholars’ continued concern with this question across the ages.
- Affirming the solitary report is a foundation in itself: Al-Shafi’i stresses that the probative force of the solitary report is independent in itself and does not need to be measured against anything else; it is one of the foundations of the Shariah.
The debate between al-Shafi’i and his interlocutor on the solitary report and testimony:
The debate between Imam al-Shafi’i and his interlocutor continues, with the interlocutor trying to cast doubt on the probative force of the solitary report by comparing it with testimony.
- A report is not like testimony in everything: Al-Shafi’i explains that report and testimony agree in some respects and differ in others, so they cannot be treated as equal in all rulings.
- Testimony differs in the number of witnesses: Al-Shafi’i shows the interlocutor that testimony itself differs in the number of witnesses required according to the case: for fornication four witnesses are required, for homicide two, for property two witnesses or one witness and two women, and for women’s physical defects one woman. This difference shows that the basis for accepting testimony is not number as such, but what the Shariah has indicated.
- Al-Shafi’i’s argument from the differences within testimony: Al-Shafi’i uses this difference among the kinds of testimony as evidence that the solitary report may differ from testimony in the number of informants while agreeing with it in the basic principle of acceptance; that is, both are considered legal evidence.
- The interlocutor’s argument from report and inference regarding the number of witnesses: The interlocutor tries to show that the number of witnesses in testimony was fixed by the legal texts (report) and by the settled custom among people (inference).
- Al-Shafi’i’s reply that the solitary report is established by report and inference: Al-Shafi’i replies that the probative force of the solitary report is likewise established by the legal texts, such as the Prophet ﷺ sending messengers individually to call people and convey the message, and by inference, such as the Muslims’ reliance on solitary hadiths in many practical legal rulings.
The focus on women’s testimony regarding childbirth and women’s matters:
In his debate, al-Shafi’i focuses on the question of women’s testimony regarding childbirth and matters particular to women, in which the testimony of a single trustworthy woman is accepted, while it is not accepted in other matters such as financial transactions.
- Accepting a woman’s testimony in women’s matters by consensus and custom: Al-Shafi’i explains that the settled consensus among the Muslims on accepting the testimony of a trustworthy woman in women’s matters is a valid legal evidence. Here al-Shafi’i acknowledges the importance of recognized custom that does not contradict the Shariah.
- Conditions for accepting the report of a single woman in women’s matters: Al-Shafi’i sets conditions for accepting the report of a single woman in these matters, namely:
- Trustworthiness: the woman must be upright and known for truthfulness and honesty.
- Precision: she must be accurate in what she says, rational and understanding, not altering meanings or erring in them.
- Circumstantial indications: there must be other indications that support the truthfulness of her report, such as other women supporting what she says, or evident indications that confirm it.
- The response to some contemporary ideas about the rights of men and women: In the course of the discussion, reference is made to some contemporary ideas that call for absolute equality between men and women in everything. The response is that the Shariah has set out for both men and women the rights and duties suited to their nature; that there are differences between them that cannot be denied; and that the claim that women are stripped of their rights is contrary to reality, and the opposite may sometimes be the case. It is stressed that general leadership of the Ummah is entrusted to men, as the legal texts indicate.
General conclusion:
Through this debate, Imam al-Shafi’i affirms the probative force of a solitary report established according to its conditions, and shows that comparing it with testimony is not accurate in every respect, and that the settled consensus on accepting a woman’s testimony in women’s matters is a valid legal evidence, while laying down conditions for accepting such testimony. It also points to the importance of recognized custom that does not contradict the Shariah, and responds to some contemporary ideas about the rights of men and women.
Some additional benefits:
- Clarifying the concept of recognized custom and its importance in the Shariah.
- Showing that consensus may rest on a recognized custom.
- The response to those who deny the probative force of the solitary report in matters of creed.
- Stressing that the Shariah has taken into account the differences between men and women, and that absolute equality between them in everything contradicts human nature (fitrah) and the legal texts.
We ask Allah the Exalted to grant us success in understanding His Book and the Sunnah of His Prophet ﷺ, and to keep us firm upon the truth until we meet Him.
All parts of Summary of the Explanation of al-Risala by Shaykh Dr. Ahmad al-Naqeeb