Is it permissible for a ruler to designate specific witnesses such that only they are accepted?
General Chapter
Al-Mughni
Book of Judiciary
Primary text
It is not permissible for a ruler to designate specific witnesses whose testimony is exclusively accepted. This ruling is based on the divine command: "And have two witnesses, men of justice, from among you" (Quran 65:2). Furthermore, designating specific witnesses constitutes harm (*idrar*) to the populace, as many incidents requiring proof occur in the presence of individuals other than those designated. If a litigant presents witnesses who were not designated, the ruler must hear their testimony and examine the just character (*adalah*) of those witnesses. Rejecting them solely because they are not among the designated roster contradicts the Book, the Sunnah, and scholarly consensus.
Supporting text
The ruler is permitted to designate witnesses whom the people frequently utilize, such that reliance on their testimony negates the need for the ruler to investigate their just character, thereby easing matters. Moreover, these designated individuals can vouch for the just character of others whom they know to be just when those others testify.