Is the testimony of travelers whose character is unknown acceptable?
General Chapter
Al-Mughni
Book of Judiciary
Primary text
The testimony of those known by appearance (al-mutawassimeen) is not accepted. If two travelers appear before a judge who does not know them, their testimony shall not be accepted. The basis for this ruling is that their integrity (adalah) is unknown, and thus judging based on their testimony is impermissible, similar to the testimony of non-resident witnesses.
Supporting text
Imam Malik accepts their testimony if the judge perceives signs of goodness (siyamat al-khayr) in them. This is because there is no other means to ascertain their integrity, and withholding acceptance leads to the loss of rights; therefore, reliance must be placed upon good outward appearances. The objection to this reasoning is that accepting their testimony leads to judging and transferring rights to those who do not deserve them.