Rulings on Testimony

**Nine Rulings Related to Testimony:** --- **1. The witness must have knowledge of what he testifies to:** It is not permissible to testify about what one does not know. **Evidence:** "And do not pursue that of which you have no knowledge" [Al-Isra: 36] and "Except those who testify to the truth, and they know" [Az-Zukhruf: 86] - meaning: with insight and knowledge. Knowledge is obtained by: hearing, seeing, or widespread reputation (istifadah) for things typically known only that way - like lineage and death. --- **2. Testimony for relatives is not accepted:** A father's testimony for his son or vice versa is not accepted due to suspicion. Similarly, one spouse's testimony for the other. **However:** Testimony **against** them is accepted. If one testifies against his father, son, or wife - or she against him - it is accepted because there is no suspicion. **Evidence:** "O you who believe, be persistent in standing for justice as witnesses for Allah, even if it be against yourselves or parents and relatives" [An-Nisa: 135]. --- **3. An enemy's testimony against his enemy is not accepted:** Nor one who benefits himself by testimony or wards off harm from himself. **Exception:** Religious enmity does not prevent accepting testimony - so a Muslim's testimony against a disbeliever is accepted, and a Sunni's against an innovator. --- **4. The witness must testify truthfully even against the closest people:** Favoritism is not permissible. **Evidence:** "O you who believe, be persistent in standing for justice as witnesses for Allah, even if it be against yourselves or parents and relatives" [An-Nisa: 135] - even if testimony is against your parents and relatives, do not favor them, but testify to the truth even if it harms you. --- **5. Testimony upon testimony is accepted:** Because the need calls for it - but on condition that the original witnesses are unable to attend due to illness, travel, or death. --- **6. False testimony is not accepted:** And it is among the major sins. **Evidence:** "So avoid the uncleanliness of idols and avoid false statement" [Al-Hajj: 30]. The Prophet ﷺ said: "Shall I not inform you of the greatest of major sins?" They said: "Yes, O Messenger of Allah." He said: "Associating partners with Allah, disobedience to parents" - and he was reclining, then sat up and said: "And false testimony." He kept repeating it until we wished he would stop [Bukhari & Muslim]. False testimony removes justice and establishes wrongdoing and oppression. --- **7. A witness may not take payment for delivering testimony:** But if unable to travel to the place of testimony, he may take travel expenses. --- **8. Number of witnesses varies by case:** - **Zina and sodomy:** Only four male witnesses accepted - Evidence: "Why did they not bring four witnesses?" [An-Nur: 13] - **Other hudud (theft, slander), and non-financial matters normally witnessed by men** (marriage, divorce, raj'ah, zihar, lineage, agency, bequest, etc.): Two male witnesses accepted. Women's testimony not accepted. - Evidence regarding raj'ah: "And bring to witness two just men from among you" [At-Talaq: 2] - **Financial matters and what relates to wealth** (sale, rent, loan, pledge, deposit, etc.): Two men or one man and two women accepted - Evidence: "And bring to witness two witnesses from your men. If not two men, then a man and two women from those you accept" [Al-Baqarah: 282] - **Also in financial matters:** One man's testimony plus the claimant's oath - because the Prophet ﷺ ruled by this. - **Matters normally not witnessed by men** (women's hidden defects, virginity, childbirth, breastfeeding, baby's cry at birth, etc.): Women's testimony alone is accepted - one just woman suffices. - **Claiming poverty after being wealthy:** Three male witnesses required - Evidence: The Prophet ﷺ said: "Asking is not permissible except for three..." including "a man struck by calamity until three people of reason from his community say: So-and-so has been struck by calamity" [Muslim]. --- **9. No specific wording required:** It is not necessary to say "I testify" or "I testified." It suffices to say: "I saw such-and-such" or "I heard" and similar - as there is no evidence requiring specific wording. --- *This concludes what Allah facilitated gathering in this summary. We ask Allah to make it purely for His noble Face, and that He benefits His believing servants by it. And our final supplication is: praise be to Allah, Lord of the worlds, and may Allah's peace and blessings be upon our Prophet Muhammad and upon all his family and companions.*