the importance of testimony

By sheikh Hossein Al Sheikh

Brothers in Islam! Islam has come with the establishment of justice and prevention of injustice as one of its most manifest goals. Justice is the purpose for which Prophet Muhammad and all other Messengers were sent. Allah says, "Indeed, we have sent our Messengers with clear proofs and revealed with them the scripture and the balance (justice) that mankind may keep up justice." (Al -Hadeed: 24).

This justice is one that touches all aspects of human life and includes the rights of the Creator and the creatures. Allah says, "Verily Allah enjoins justice and Ihsaan (i.e. to be patient in performing your duties to Allah totally for his sake and in accordance with the Sunnah in a perfect manner) and giving help to kith and kin." (An-Nahl: 90).

Only the religion of Islam guarantees the means that lead to the actualization of justice and its consolidation. One of the means of establishing justice is giving testimony and knowing its importance. Testimony is the criterion with which we distinguish between truth and falsehood and true claims and false ones. Someone said, "Testimony to people's rights is like the soul to the body for as Allah enlivens bodies with souls, He also enlivens rights with truthful testimony. It is essential in establishing a sound social life and all that has to do with it. Shurayh said, "Judgment is a disease while testimony is a cure. So use the cure for the disease." Brothers in Islam! Giving testimony its due is an obligatory duty. Allah says, "And establish the witness for Allah." (At-Talaaq: 2).

Those who stand firm in their testimonies are among the people of righteousness and faith. Among the necessities of faith is giving truthful testimony even if against oneself or a relative. Allah says, "O you who believe! Stand firmly for justice, as witnesses to Allah, even though it be against yourselves or your parents, or your kin." (An-Nisaa: 135).

Fellow Muslims! Establishing testimony includes giving witness in making contracts and giving it in front of judges. The `Ulamaa' said, "Whoever is called to be a witness over a contract or undertaking - and there is no one besides him qualified to do that - it is compulsory on him to be a witness over the transaction. If however, there are other qualified persons to do that, it becomes a recommended act and collective obligation."

As regards giving testimony, the 'Ulamaa' said, "Giving testimony is a collective obligation whereby if it is carried out by a sufficient number of people, the whole community is absolved of the obligation. But if no one does it, the whole community is blameworthy. If also there are no other witnesses that would enable justice to be done and there is a fear that someone's right may be lost, it then becomes individual responsibility of the few available witnesses to testify". Allah says,"And the witnesses should not refuse when they are called on (for evidence)." (Al-Baqarah: 282).

Islam not only enjoins giving testimony, it also forbids concealing it because concealing evidence is something that is disapproved of Islamicaly and detested by nature. Allah says, "And conceal not the evidence, for he who hides it, surely his heart is sinful." (Al-Baqarah: 283).

Some 'Ulamaa said: "Allah has not threatened (His slaves) on anything as much as He has threatened them over the concealment of evidence, for He said, ’surely He who hides it, surely his heart is sinful.' "

Concealing evidence is a great sin. Allah says: "We shall not hide Testimony of Allah, for then indeed we shall be of the sinful." (Al-Maa'idah: 106).

Ibn Abbaas said, "Giving false testimony and concealing testimony is one of the major sins." Fellow Muslims! Since all these facts have been made clear it then becomes necessary to know that Islamic Law has surrounded testimony with hedges that will enable it to serve its purposes and prevent it from deviating towards what negates its goals. That is why the basic principle in Sharie'ah is that one's testimony must be based on knowledge, clarity and trust. Allah says, "Except those who bear witness to the truth and they know." (Az-Zukhruf: 86).

He also said while referring to the sayings of Prophet Yoosuf's brothers, "And we testify not except according to what we know." (Yoosuf: 81).

The 'Ulamaa said, "Generally speaking, when regarding a matter that can be seen, like murder, stealing, or fornication, only eye-witness accounts are suitable (acceptable) as testimony and if the matter is one that can be heard like marriage and business contracts, divorce, etc., acceptable testimony should be based on hearing". Brothers in Islam! It is clear, then, that to give testimony on a matter wherein one has no knowledge, or to purposely testify with the opposite of what we know to be the truth is regarded as a great sin. False testimony is one that is baseless whatever the reason may be. Ibn Hajar said, "False information is to describe something in contrary to its actual form." Some 'Ulamaa said, "Falsehood is something that is outwardly adjusted and beautified so that it may be thought to be truth."

Allah says, "And shun lying speech (false statements)." (Al-Hajj: 30).

At-Tirmithie and others reported that the Prophet delivered a sermon one day and said, "O you people! Giving false testimony is equal to ascribing partners to Allah." He then recited, "Shun the abomination (worshipping) of idols and shun lying speech (false statements)."

Bukhaarie and Muslim reported that the Prophet said, “Should I inform you about the greatest of the great sins?" They said, "Yes, O Allaah's Messenger!" He said, "1.To join others in worship with Allah and 2. To be undutiful to one's parents." The Prophet then sat up after he had been reclining (on a pillow) and said, “3. And I warn you against giving a lying speech (false statement)." And he kept saying that warning, till we thought he would not stop". Giving false testimony has many evils for it supports falsehood against truth and gives backing to injustice and aggression against justice. It also effaces fairness and equity and poses danger to public safety and security.

Therefore, fear Allah, dear Muslims, and take to the path of pious believers about whom Allah says, "And those who do not witness falsehood and if they pass by some evil play or evil talk, they pass by it with dignity." (Al-Furqaan: 72).

Dear Brothers! Islamic Law strongly wishes to establish principles of brotherhood and mutual love in the Muslim society and remove causes of dissension from among Muslims that is why it promulgate the policy of authentication and keeping records of contracts in order to protect people's rights and valuables and put paid to corruption and contentions. One of the methods of authentication is testimony. Allah says regarding business transactions, "But make witnesses whenever you make a commercial contract." (Al-Baqarah: 282).

He also said regarding revocation of contracts, "And take for witness two just persons (Muslims) from among you." (At-Talaaq: 2).

He said concerning handing over properties and trusts, "And when you release their property to them, take witness in their presence; and Allah is All-Sufficient in taking account." (An-Nisaa’: 6).

Fellow Muslims! Obey the injunctions of your Lord and adhere to His way in order to succeed and have prosperity in this world and the next.