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The question

How do non-Muslims swear by God, given that they do not venerate Him, if the meaning of "or two others from outside your ranks" in verse 106 of Surat Al-Ma'idah refers to non-Muslims?

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Source: FtawySummary from Ftawy's records · added here Sep 2, 20261 min readAlso available in العربية
The answer

There are three interpretations among scholars of exegesis regarding the Almighty's saying: "two others from outside your ranks" (Qur'an 5:106):

1. From outside the kinship and tribe: Meaning, from outside the testator's tribe, and not implying from non-Muslims. 2. Disbelievers (abrogated): This is the view of most exegetes, meaning those not of your religion. However, the verse is abrogated by the verse of debt in Surat Al-Baqarah ("from among those whom you approve as witnesses") and by His saying, the Almighty: "and bring to witness two just men from among you." (Qur'an 65:2), because a disbeliever is not "from among us" nor "approved." The witnessing of disbelievers was initially permitted due to the scarcity of Muslims during travel, but then the ruling was abrogated after the spread of Islam. 3. Disbelievers (not abrogated): This means disbelievers, but the verse is not abrogated; rather, the testimony of a disbeliever is permitted out of necessity when no Muslim is available.

According to the view that "outside your ranks" refers to non-Muslims and that the verse is not abrogated, a disbeliever may have reverence for Allah the Almighty, though this does not benefit him with his disbelief. In case of doubt regarding their testimony, the two disbelieving witnesses are ordered to swear an oath after prayer that they have not altered the will nor lied.

Summary from Ftawy's records · added here

Reviewed by El Fatwa's sharia committee.

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Ftawy
Original fatwa ID
93603
Added here
. This is when the answer was added to El Fatwa, not the fatwa's date.
Text
Summary from Ftawy's records, reviewed by El Fatwa's sharia committee.
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