Is the necessity of specifying the reason for impeachment reconciled with the duty to protect the reputation of the impeached person?
General Chapter
Al-Mughni
Book of Judiciary
Primary text
The requirement to specify the reason for impeachment is necessary because the causes of impeachment vary among people, similar to disagreements over the prohibition of certain drinks like nabidh. Accepting general impeachment would risk an individual being disqualified based on a practice the judge does not consider disqualifying. Furthermore, impeachment shifts away from the default status of Muslims, which is integrity (adalah); therefore, the source of this deviation must be known so the judge understands the basis of the claim. The claim that specifying the reason exposes the impeached person to dishonor is countered by affirming that testifying to their transgression is inherently dishonorable, but it is permitted out of necessity, similar to testimony required for establishing a Hadd punishment. This testimony is prioritized because it defends the accused against injustice, which is a right belonging to a human being.