Is the testimony of a Bedouin valid concerning a villager, and vice versa?
General Chapter
Al-Mughni
Book of Testimonies
Primary text
The testimony of a Bedouin regarding a resident of a village, and the testimony of a villager regarding a Bedouin, is valid if the stipulated conditions are met. This view is held by Ibn Sirin, Abu Hanifa, Al-Shafi'i, and Abu Thawr, and it was preferred by Abu Al-Khattab. The evidence supporting validity is that whoever's testimony is accepted concerning the Bedouin must have their testimony accepted concerning the villagers, similar to the residents of villages. Furthermore, the hadith prohibiting the testimony of a Bedouin against a villager is interpreted to apply only to those Bedouins whose uprightness is unknown to the judge, as they lack established references to confirm their integrity.
Supporting text
Imam Ahmad expressed apprehension regarding accepting the testimony of a Bedouin against a resident of a village, a view shared by a group of our companions and the school of Abu Ubayd. Malik follows the opinion of the companions concerning injuries, but for cases involving blood vengeance, he follows the opinion requiring caution. Abu Ubayd attributed the rejection of their testimony to the perceived harshness ('jafa') in their observance of the rights of Allah and religion.