What is required for a judge to understand the testimony of litigants whose language he does not know?
General Chapter
Al-Mughni
Book of Judiciary
Primary text
If two non-Arab speakers ('ajamiyan) or one Arab speaker and one non-Arab speaker appear before an Arab judge whose language they do not know, a translator is mandatory. The translation is only accepted if provided by two just (adl) men. This view is held by Al-Shafi'i. The translation is considered testimony that requires the necessary number and justice, and it is subject to the same conditions as testimony regarding the claim. If the matter relates to Hadd punishments or retaliation (qisas), freedom (hurriyyah) must be a condition, and only two adult male witnesses suffice.
Supporting text
A narration from Ahmad, chosen by Abu Bakr 'Abd al-'Aziz and Ibn al-Mundhir, and the opinion of Abu Hanifa, allow acceptance of translation from a single person. This is supported by the fact that the Prophet commanded Zayd ibn Thabit to learn the Jewish script for communication, and that some matters do not require the specific verbal formulation of testimony, like reports concerning religious dogma (diyanat).