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.
42 questions
Is the testimony of a disbeliever against a Muslim admissible in criminal cases?
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 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 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 the testimony of one who slandered chaste women accepted after the Hadd punishment, if he repents?
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?
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 equating the testimony of a woman with that of a man?
Is the testimony of a raped woman against her rapist accepted in a Sharia court, given that she has no proof other than her account of what happened and his threat to kill her, and his threat to kill her children and husband if she disclosed the matter?
Can testimony be refused in cases of assault and conflict, knowing that there are no other witnesses and realizing the worldly and otherworldly punishment that would result from such refusal?
Is it permissible to testify to a divorce that occurred in 1990 to prove it to a governmental body, given that the remarriage of the divorced woman after that date is unknown?
What is the ruling on an alcohol drinker's testimony, meaning, can he be a witness?
Is it permissible to accept the testimony of a single woman, alone, in matters of divorce, marriage, or a will, if she is upright and not prone to forgetfulness, and did Ibn Taymiyyah say this, and why is it not analogous to cutting off the hand of a thief or stoning an adulterer?
Is it permissible for women to testify individually in cases of zina (adultery/fornication), as Ibn Hazm stated, and what is the strong evidence for the majority opinion?
Is it permissible for a non-Muslim to testify against a Muslim in personal status matters, and is it permissible for him to be appointed as a legal guardian over a Muslim child, despite the presence of righteous relatives of the child?
Is concealing testimony considered a sin, in the event that there are witnesses to an assault, knowing that the testimony might lead to a greater tribulation, and what is the way to be rid of this testimony, and is lying in it considered a sin?
Why is a woman's testimony not accepted in cases of Zina (unlawful sexual intercourse)?
Does not the non-acceptance of a woman's testimony in cases of Hudud lead to chaos and injustice in society, especially if she witnesses a murder or theft?
Is the testimony of children accepted if their father asks them to testify to a discussion that took place between him and another person in their presence, knowing that the discussion has no relation to money?
السلام عليكم لماذا شهادة المرأة نصف شهادة الرجل؟
What is the ruling on paying money to a witness so that he may testify to the truth?