QUESTION
Bismillah. Ustadz, is the testimony of the wicked acceptable? Syukron (+62 878-2863-xxxx)
ANSWER
Bismillahirrahmanirrahim..
News or testimony that comes from Fasiq people is in principle rejected until proven true. Based on the Koran:
{O you who believe, if a sinner comes to you with news, then investigate it, lest you afflict your people with ignorance and become pious. For what you have done, you will regret it.
O you who believe! If someone who is wicked comes with news, then research the truth, so that you do not harm a people because of stupidity (carelessness), and in the end you regret your actions.
(QS. Al-Hujurat: 6)
This has been agreed upon among the ulama. Imam Ibnul ‘Arabi said:
Whoever is proven immoral, his statements in the report are unanimously invalid. Because news is a trust, and immorality is an assumption that cancels it, but for a person himself, it does not cancel the consensus.
“Whoever has been proven to be ungodly, then his words are disallowed (not accepted) in conveying news according to ijma’ (agreement of the ulama); because the news is a trust, while wickedness is an indicator that invalidates that trust. As for what a person says about himself, it is not invalid (still accepted) according to ijma’.”
(Ahkamul Qur’an, 4/1715)
When is ungodly testimony accepted?
1. If you have repented
This is an agreed opinion except in the case of qadzaf (accusing a good woman of adultery), if she has repented, according to the majority, her testimony is also accepted, except for the Hanafi school of thought.
Sheikh Muhammad Ra’fat Uthman explained:
The scholars agree that if it is known that the sinner has repented from anything that caused his immorality from a criminal act for which there is no justice, such as murder, adultery, theft, consuming usury, and the like, then his testimony will be accepted, except for people whose immorality is due to the crime of slander, namely accusations of adultery based on reproach or denial of the line, not on the aspect of testimony. The scholars have different opinions regarding the person who slandered, whether or not his testimony is accepted if he repents? 1. The majority of ulama believe that their testimony is accepted, while Abu Hanifah is of the opinion that it is not accepted.
“The scholars have agreed that a wicked person, if his repentance is known for the actions that are the cause of his wickedness from any type of crime that destroys justice, such as murder, adultery, theft, consuming usury, and the like, then his testimony is accepted. Except for the person whose wickedness is caused by the crime of qadzaf (accusing him of adultery), namely accusing him of adultery in order to criticize or deny his line, not in order to give testimony. So the scholars have different opinions about a person who commits qadzaf if he repent: whether his testimony is accepted or not. The majority of scholars are of the opinion that his testimony is accepted, while Abu Hanifah is of the opinion that it is not accepted.”
(An Nizham Al Qadha’i fi Islamic Fiqhil, p. 362)
2. If it’s a matter of muamalah
Muamalah matters such as buying and selling, gifts, and for example the testimony of a fasiq person can be accepted.
Imam Abu Bakr Al Jashash explained:
The scholars agree that it is permissible to receive news of immoral people in matters such as:
Transactional things that receive news of someone who has committed an immoral act, for example a gift if he says: So-and-so gave this to you as a gift. It is permissible for him to accept and take it.
And as he said: So and so appointed me to sell this slave, so it is permissible to buy it from him.
Similar to permission to enter if someone orders it: Enter, this is not considered justice.
Likewise all news of transactions, and in them all news of a boy, a slave, and a non-Muslim are received…
In it, the news of immoral people is accepted, but is excluded from the words of God Almighty: (If an immoral person comes to you with news, then investigate it) because of the postulates that have been established on it, it has been proven that the meaning of the verse is in testimony and the binding right or proof of religious provisions.
“Scientists also agree on the possibility of receiving news from bad people in several cases. Among them:
Muamalah matters (transactions).
The news of the wicked is accepted in this case, for example: someone says, ‘So-and-so gave you this gift’, then he may accept it and take it.
Likewise, when he says, ‘So-and-so has commissioned me to sell this child’, then you can buy from him.
Likewise, granting permission to enter, if someone says to him, ‘Come in’, then in this case justice is not required (it does not have to be a fair person).
The same applies to all news on the issue of muamalah. And in all these cases news was also received from small children, slaves and dhimmis.
Receiving news from wicked people in this case is an exception to the general word of Allah Ta’ala: “If a wicked person comes to you with news, then be careful (tabayyunlah).”
Because there are arguments that show this. “Then it becomes clear that what is meant by this verse (the verse prohibiting receiving news from wicked people) is in the context of testimony, determining and prosecuting rights, or establishing religious laws.”
(Ahkamul Qur’an, 5/278-279)
Sheikh Muhammad Salih Al Munajjid said:
He receives news from immoral people about himself and about what other people’s rights have nothing to do with him.
“Then he received news of the wicked about himself, and in things that had nothing to do with the rights of others.” (Al Islam Su’aal wa Jawaab no. 494842)
Thus. Wallahu A’lam
Farid Nu’man Hasan
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