Is a witness's testimony permissible in court if they are unable to give it due to their undocumented status in the country?
Testimony may be an individual obligation (fard ‘ayn) if there is a fear of a Muslim’s right being lost, based on the Almighty’s saying: "And uphold testimony for Allah," and "And do not conceal testimony. And whoever conceals it – his heart is sinful." And based on the Prophet's (peace be upon him) saying: "Support your brother whether he is an oppressor or oppressed."
The obligation to render testimony is not waived for an illegal witness, unless rendering it would cause harm to the witness, based on the Almighty’s saying: "Let no scribe be harmed or any witness," and based on the Prophet's (peace be upon him) saying: "There shall be no harm or reciprocating harm."
The illegal status of a witness does not invalidate his testimony if it is not related to matters of immorality or baseness.
Summarized from the full answer at Ftawy · reviewed Sep 2, 2026
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