Is compensation permissible for a witness agreeing not to testify concerning matters requiring a Hadd punishment?

General Chapter

Al-Mughni

Book of Settlement

Book 16 · Issue 3 · Bab 1

Open in Qurani

Primary text

Accepting compensation for agreeing not to testify to actions meriting a Hadd punishment, such as adultery (*zina*) or theft (*sariqah*), is impermissible. Since the testimony does not pertain to a personal right of the witness, receiving payment for it is invalid, similar to other matters not constituting a personal right. This also applies when a thief, adulterer, or drinker pays money for an agreement not to report them to the authority; such a settlement is invalid, and compensation is not permitted.