Must testimony regarding character impeachment (jarh) be specific and explained?
General Chapter
Al-Mughni
Book of Judiciary
Primary text
Testimony impeaching a witness's character is not accepted unless it is explained and specifies the defect. It requires explicit wording, such as stating, "I testify that I saw him drinking wine, or dealing in usury, or oppressing people by taking their wealth or beating them," or "I heard him make a false accusation (qadhf)." Alternatively, knowledge of this defect must be widely known through public dissemination (istifadha). The reason and specific instance must be mentioned. This position is held by Al-Shafi'i and Suwar.
Supporting text
Abu Hanifa and Ahmad permit absolute impeachment, stating that the witness is a transgressor (fasiq) or not trustworthy (adl). Their evidence is that accepting absolute praise of character (ta'deel) allows for the acceptance of absolute impeachment. They further argue that specifying the reason could lead to the accuser being declared a transgressor and subject to Hadd punishment in certain cases, thereby invalidating the impeachment itself.