Is it permissible for a witness to look at the woman testifying against whom the testimony is given?
General Chapter
Al-Mughni
Book of Marriage
Primary text
A witness is permitted to look at the face of the person against whom testimony is given so that the testimony pertains to her specific identity. Ahmad stated that one should not testify regarding a woman unless he recognizes her by sight. If one conducts a transaction, such as a sale or lease, with a woman, looking at her face is allowed for the purpose of identifying her so that recourse can be made against her if needed (for guarantee or return of goods).
Supporting text
A narration attributed to Ahmad suggests disapproval of this looking regarding a young woman, but not an elderly one. This disapproval is likely intended for cases where there is fear of temptation (fitnah) or where the transaction could be conducted without looking. However, when necessity exists and desire is absent, there is no harm.