What is the ruling on denying testimony of seeing a cousin meeting a girl in her family's home, fearing that he might be imprisoned and dismissed from work, and what is required to atone for this sin?
If a Muslim sees his brother committing an act that necessitates a ḥadd punishment, such as adultery, or a taʿzīr punishment, such as kissing, he should weigh between concealment and disclosure. If the benefit lies in concealment, then concealment is better. If it lies in bearing witness, then he should bear witness. The benefit varies according to individuals and circumstances. Concealing the sin of a righteous person who slipped is more appropriate. However, for someone from whom there is a fear of corrupting Muslim women due to his insistence on immorality after admonition and reprimand, bearing witness against him is better. But the conditions for bearing witness must be observed; if they are not met, then one should not bear witness, as it is religiously useless and may expose the witness to the ḥadd punishment for slander (qaḍf).
Therefore, concealment is preferable, as indicated by the sayings of the scholars. In matters of ḥudūd, the witness is given the choice between concealment and disclosure, and concealment is better. Some scholars have gone further, permitting the abandonment of testimony in cases concerning the rights of Allah where the prohibition is not continuous, such as adultery, drinking alcohol, and theft, and that the Imam should not uncover such matters, because the intent of Islamic law is concealment.
Summarized from the full answer at Ftawy · reviewed Sep 2, 2026
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