ما هو الرأي الشرعي في شريك يرفع قضية كيدية ضد شريكه، مستغلاً عدم توثيق التعاملات، مما قد يؤدي إلى حبس الشريك الآخر؟
What this person is doing is a betrayal of trust and an unlawful acquisition of wealth, both of which are major sins. He should be reminded of Allah. If he does not respond, an attempt can be made to elicit an admission from him in the presence of hidden witnesses. Some scholars have permitted the testimony of a hidden witness, as indicated by Al-Bukhari in his chapter headings, and as practiced by Amr ibn Hurayth. A similar view is reported from Shurayh and is also the opinion of Al-Shafi'i. This means that an admission from someone who publicly denies a right can be heard from behind a screen, and then the hidden witnesses can testify to his admission.
Summarized from the full answer at Ftawy · reviewed Sep 2, 2026
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