Is the testimony of a witness valid if they die before the judge issues a ruling based on it?

General Chapter

Al-Mughni

Book of Testimonies

Book 63 · Issue 1 · Bab 1

Open in Qurani

Primary text

The judge must rule based on the testimony of witnesses who were eligible to testify and who subsequently died before the ruling, whether their integrity was established during their lifetime or after their death. This applies whether the subject of the testimony is a prescribed punishment (hadd) or another matter. The same ruling applies if the witnesses became insane or lost consciousness. This position is held by Al-Shafi'i because death does not invalidate the testimony nor indicate falsehood within it. Insanity and unconsciousness are considered in the same category as the time of giving testimony, unlike impiety or disbelief.