Is the testimony of a person who experienced temporary mental incapacitation accepted if he was lucid when testifying?

General Chapter

Al-Mughni

Book of Judicial Rulings

Book 64 · Issue 4 · Bab 1

Open in Qurani

Primary text

The testimony of a person who experienced temporary mental incapacitation is accepted, provided he was in a state of soundness (Aql) at the time of giving testimony. Ibn al-Mundhir reported consensus on this among the scholars whose views are known, including Malik, Al-Thawri, Al-Shafi'i, Ishaq, and Abu Thawr. The basis for acceptance is that legal consideration in testimony is the state at the time of its performance. Since the person possesses established intellect and judgment at the time of testimony, his testimony is accepted, similar to a child who grows up to maturity. Moreover, he is deemed a trustworthy and non-suspect individual, meaning the loss of reason outside the time of testimony does not prevent acceptance, just as with a healthy person who sleeps or one who occasionally faints.