Definition, Ruling & Evidence

**1. Definition:** **Linguistically:** Shahada means decisive news, derived from "mushahada" (witnessing) - because the witness reports what he witnessed and saw directly. **Legally:** Informing of a right belonging to someone else against another in a court session. Or: Informing of what the witness knows with specific wording, such as "I testify" or "I testified" or their equivalent. --- **2. Ruling:** **Bearing testimony** (tahammul) in matters of human rights is **fard kifayah** - if enough people do it, it suffices; if there are only enough people, it becomes obligatory on them. **Evidence:** "And let not the witnesses refuse when they are called" [Al-Baqarah: 282]. **Delivering testimony** (ada') before the judge is **fard 'ayn** (individual obligation) on the one who bore it, when called to deliver it. **Evidence:** "And do not conceal testimony. Whoever conceals it - his heart is sinful" [Al-Baqarah: 283]. This is a severe warning against concealing testimony, proving it is obligatory to deliver it when called. **Condition:** No harm comes to the witness - in his honor, wealth, life, or family. If harm would result, it is not obligatory. **Evidence:** The Prophet ﷺ said: "No harm and no reciprocal harm" [Hakim - authentic]. --- **3. Evidence for its Legality:** **From the Quran:** - "And let not the witnesses refuse when called" [Al-Baqarah: 282] - "And establish testimony for Allah" [At-Talaq: 2] - "And do not conceal testimony" [Al-Baqarah: 283] - "And bring to witness two just men from among you" [At-Talaq: 2] - "And bring to witness two witnesses from among your men. And if there are not two men, then a man and two women" [Al-Baqarah: 282] **From the Sunnah:** - Ibn Mas'ud narrated that the Prophet ﷺ said: "Your two witnesses or his oath" [Bukhari & Muslim] - Ibn Abbas narrated that the Prophet ﷺ said: "The evidence is upon the claimant, and the oath is upon the one who denies" [Tirmidhi - authentic] **From Consensus:** Scholars have unanimously agreed on the legality of testimony to establish rights, as the need calls for it.