Who May Testify
These pages are about the witness, not the case. They cover who may testify, what disqualifies a witness, and the duty to give testimony or to withhold it. Hearsay, a witness who retracts, how many witnesses a claim needs, and testimony before a judge are covered here. False witness as a sin, and its expiation, belong under honesty and promises. The witnesses a specific contract requires stay with that contract. Settling the dispute itself belongs with disputes and arbitration. Every answer here is a sourced summary of a fatwa published on Ftawy, with the full ruling one tap away.
76 questions
Are we allowed to testify that my brother bought the gold jewelry and that his wife was wearing it when she left the marital home, knowing that its real value is not 40,000 pounds as she claims and demands, and my brother signed the list without knowing its contents?
Is the testimony of a disbeliever against a Muslim admissible in criminal cases?
What is the legal ruling for someone who alone witnesses a woman committing adultery, and is he required to produce four witnesses or is it sufficient for him to give four testimonies? What if she denies it in front of her family? And what is the ruling if a relative asks him, wanting to marry her; should he tell him the truth or remain silent?
If a wicked person comes with a report and harms an innocent one, and people believe him, are they excused by ignorance, and will their regret, as stated in His Almighty's saying: "and you become regretful for what you have done," be merely a moral regret, or are they complicit with the wicked person in punishment? And is one who follows the Antichrist excused?
Does the verse: "And bring to witness two witnesses from among your men. And if there are not two men, then a man and two women from those whom you accept as witnesses..." diminish the rights of women by making their testimony equal to half that of a man?
Is it permissible for a mother to listen to an audio recording of a conversation between her young daughter and her father, which includes information about his work and income, and then present this recording to a third party to seek their testimony in a child support case, especially if the mother has no other means to obtain child support?
What is the presumed age for giving testimony, and is the testimony of a discerning minor permissible?
What is the ruling on someone who witnesses an incident of forced sodomy but does not report it for fear for himself? And what is the ruling on someone who falsely claims to have been sodomized?
Is the testimony of a person known for his bad character, and between whom and the accused there is severe animosity and discord, acceptable in an accusation related to apostasy or a forbidden act that necessitates a prescribed punishment (Hadd)?
What is the required number of witnesses to prove the crime of adultery if two men and two women commit adultery in one room, or two men with one woman in one room? Are four or eight witnesses required?
Is the testimony of a hired person for their employer, or of anyone in the position of a subordinate and superior, accepted against another person in cases of hudud, ta'zir, or other matters? And is this hired person considered in the ruling of a dependent of the household?
Is a person's asking one of the shaykhs about an issue related to a hadd punishment, such as the hadd of apostasy, and his saying, "Such and such happened to me, but it happened by mistake," considered an admission against himself? And is the shaykh considered an evidentiary witness to that, especially if he does not hold the position of a judge or ruler, and he was a single witness, and the incident occurred over the phone? And is it a condition that the admission be made before a Sharia judge to be considered valid, or is it accepted when made before someone who does not have authority?
Is the testimony of a single, upright, and moral man accepted in matters of Hudud (punishments prescribed by Islamic law) other than adultery, or is he considered an accuser who requires other witnesses?
Is it permissible to lie in testimony to avert a greater evil and the imprisonment of an innocent person, knowing that the Public Prosecution will demand an oath?
Is it necessary to administer an oath to a witness in courts that apply Islamic Sharia, and what is the meaning of the agent not taking an oath or being burdened (with one)?
Is the testimony of one who slandered chaste women accepted after the Hadd punishment, if he repents?
Is it permissible to refrain from testifying in a case if it would result in personal harm, in accordance with the principle that "averting harm takes precedence over acquiring benefits"?
Is one who heard a person utter a saying or perform an act considered a witness and thus requires another witness, or a claimant and thus requires two witnesses for the Hadd to be established? And is a person's imparting of information to another—such as the Sheikh in this case—without explicitly stating that he is the perpetrator, considered a defilement for which he is condemned and the Hadd is established upon him, especially if the bad neighbor claims the existence of another witness (the Sheikh)? And is the testimony of this Sheikh sufficient to condemn the person and establish the Hadd upon him, or is it incumbent upon the bad neighbor to produce two other witnesses?
Is the testimony of the executioner who carries out the death penalty in court acceptable, and has a Prophetic حديث (saying) been narrated that prohibits accepting his testimony?
Who are those whose testimony is not accepted, and does that include camel and sheep herders, and teachers of children and and girls?
What is the ruling on a barber's testimony in Islamic law?
Is a witness's testimony permissible in court if they are unable to give it due to their undocumented status in the country?
Would my testimony be considered incomplete or a false oath, and what is the position of Sharia law on this, and what expiation is incumbent upon me, after I concealed from the judge that the murderers passed through my house, knowing that I did not witness the crime myself?
What is the ruling on the testimony of one who testifies to the debtor's acknowledgement of the debt, but did not witness the original contractual event?