Is a judge required to rule based on the testimony of a witness whose character is unknown if the opposing party deems the witness trustworthy ('adl)?
General Chapter
Al-Mughni
Book of Judiciary
Primary text
The judge is obligated to rule based on the testimony if the opposing party confesses the witness's trustworthiness. This is because investigating the witness's probity is a right belonging to the opposing party, and they have admitted it. Furthermore, if the opposing party affirms the witness's credibility, they have confessed to a condition that necessitates a ruling against them, and they are bound by this admission, just as they are bound by their other confessions.
Supporting text
The alternative view holds that the judge is not permitted to rule based on such testimony. To do so constitutes an act of attestation ('ta'deel) to the witness's character, which cannot be established by the statement of a single person. Moreover, accepting the witness's probity is a right belonging to God Almighty; therefore, even if the opposing party consents to a ruling based on the testimony of a known immoral person (fasıq), the judge may not rule based on it.