Is explicit instruction ('Ishhad') required for testifying based on witnessed actions?
General Chapter
Al-Mughni
Book of Testimonies
Primary text
Explicit instruction from the person against whom testimony is given (Al-Mashhud 'Alayhi) is not required for testifying about observed actions. This view is supported by the practice of companions like Abu Bakra and his associates testifying against Al-Mughirah regarding adultery without Umar requiring such instruction. Furthermore, those who testified against Qudama regarding wine consumption, and those Umar questioned regarding Al-Walid ibn Uqba, did not observe this requirement.
Supporting text
A dissenting view, if applied generally to all actions, invalidates testimony entirely, as perpetrators of crimes like theft, usurpation, adultery, or murder would never explicitly ask someone to testify against them. However, if this requirement is limited to consensual actions like loans or sales, then it may be permissible.