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Scripture and its sciencesFamily, marriage and kinship
Summary
Definition and related words
Tasamu comes from people hearing a thing, and it is what has become known through repetition or repute; people are said to have heard of a thing when it became known among them. 1
The agreed matters and each school's additions
Jurists agree that testimony by repute is allowed in six matters: freeing, descent, death, marriage, patronage and endowment. 2 The Hanafis add the dower, consummation with the wife, the appointment of a judge, and what is in a person's hand whose slavery is not known. The Malikis add ownership and possession, the removal of a judge, the praise and impugning of witnesses, a person's conversion or unbelief, his maturity or foolishness, divorce, harm, birth, suckling, brigandage, flight, captivity, disappearance, alms, gifts and the sign for retaliation; al-Dasuqi said there are thirty such matters. 2 3 The Shafi'is add ownership in the sounder view. The Hanbalis add absolute ownership, birth, divorce, khul, the endowment and its purpose, and dismissal of a judge. 3
Conditions on the source
The Hanafis require the knowledge to come from a group who could not agree on a lie, or from two just men; for death one just person suffices. The Hanafis allow it by preference, because such matters are known by seeing and their rulings last for generations. 3 4 The Shafi'is require hearing from a group that cannot agree on a lie, without requiring justice in them. The Hanbalis allow testimony where the report is widespread and its truth is settled in the witness's heart. 4
People and things also explored
Taj Mahal· Abawan (the two parents)· Justice among co-wives· Obstructing a marriage (adl): the guardian and the husband· Fleshy growth in the wife's womb and the right to annul (afal)· Ahl al-Nasab (the kin by descent, and who counts as kin in bequests and endowments)· Akdariyya (a named inheritance case)· Brother (full, paternal and maternal) in law
Sources
- al-Mawsu'a al-Fiqhiyya al-Kuwaitiyya, Noor-Book copy (file named v3) , p.5048
- al-Mawsu'a al-Fiqhiyya al-Kuwaitiyya, Noor-Book copy (file named v3) , p.5049
- al-Mawsu'a al-Fiqhiyya al-Kuwaitiyya, Noor-Book copy (file named v3) , p.5050
- al-Mawsu'a al-Fiqhiyya al-Kuwaitiyya, Noor-Book copy (file named v3) , p.5051
Cite this page
islam.museum contributors. “Tasamu (testimony by repute and hearsay)”. islam.museum, https://islam.museum/en/concept/tasamu-testimony-by-repute/. CC BY-SA 4.0. Last updated 2026-10-23.