Under what conditions is the testimony of two witnesses accepted by the judge?
General Chapter
Al-Mughni
Book of Judiciary
Primary text
If two witnesses testify before the judge, their testimony is accepted if the judge knows them to be trustworthy and upright (*'adlain*). If the judge knows them to be wicked (*fasiqun*), their testimony is not accepted. If the judge does not know them, an inquiry must be made concerning their character, as knowledge of justice (*'adalah*) is a prerequisite for accepting testimony regarding all rights. This view is held by Al-Shafi'i, Abu Yusuf, and Muhammad. The primary evidence for requiring inquiry into justice is the Quranic command to accept testimony from those whom one approves of: {miman tardawna min al-shuhada'} [Al-Baqarah: 282]. We cannot know they are approved unless we know them personally or receive reports about them.
Supporting text
A narration from Ahmad permits accepting the testimony merely upon knowledge of the witnesses' Islam, based on the apparent condition (*dhahir al-hal*), unless the opposing party alleges they are wicked. This aligns with the view of Al-Hasan and applies equally to *hudud* (prescribed punishments) and other rights, predicated on the presumption that Muslims are inherently just. Conversely, Abu Hanifah distinguishes: he follows the first view for *hudud* and *qisas* (retaliation) due to the need for greater precaution, but follows the second view for all other rights.