Is the testimony of a false witness accepted after repentance?

General Chapter

Al-Mughni

Book of Judicial Rulings

Book 64 · Issue 1 · Bab 1

Open in Qurani

Primary text

The testimony of a false witness is accepted if the witness repents, a sufficient period elapses showing the sincerity of the repentance and justice (*'adalah*), and this position is held by Abu Hanifa, Al-Shafi'i, and Abu Thur. The basis for acceptance is that the individual is a penitent from his sin, and his repentance is accepted, similar to all other repentant individuals. The argument that the recurrence of the falsehood cannot be guaranteed does not prevent the acceptance of testimony, as the potential for recommitting any sin exists even for accepted witnesses, yet their testimony remains valid.

Supporting text

Imam Malik holds that the testimony of a false witness is never accepted because there is no guarantee against him repeating the act.