TESTIMONY

 

 

 

TESTIMONY
                                           
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Islam has come with the establishment of justice and prevention of injustice as one of it's most manifest goals. Justice is the purpose for which Holy Prophet Muhammad and all other Messengers were sent. Allah (The One & Only God) says,

"Indeed, we have sent our Messengers with clear proofs and revealed with them the scripture and the balance (justice) that mankind may keep up justice."(Holy Quran Al -Hadeed 57: 24)

 

 

This justice is one that touches all aspects of human life and includes the rights of the Creator and the creatures. Allah (The One God) says,  "

Verily Allah enjoins justice and Ihsaan (i.e. to be patient in performing your duties to Allah totally for his sake and in accordance with the sunnah in a perfect manner) and giving help to kith and kin."(Holy Quran An-Nahl 16: 90)

 

 

Only the religion of Islam guarantees the means that lead to the actualisation of justice and its consolidation. One of the means of establishing justice is giving testimony and knowing its importance.Testimony is the criterion with which we distinguish between truth and falsehood and true claims and false ones. Someone said,

"Testimony to people's rights is like the soul to the body for as Allah enlivens bodies with souls, He also enlivens rights with truthful testimony.”

It is essential in establishing a sound social life and all that has to do with it.
Shurayh said,

"Judgement is a disease while testimony is a cure. So use the cure for the disease."

 

Giving testimony its due is an obligatory duty. Allah (The One God) says,

"And establish the witness for Allah." (Holy Quran At-Talaq 65: 2)

 

 

Those who stand firm in their testimonies are among the people of righteousness and faith.
Among the necessities of faith is giving truthful testimony even if against oneself or a relative. Allah (The One God) says,

"O you who believe! Stand firmly for justice, as witnesses to Allah, even though it be against yourselves or your parents, or your kin." (Holy Quran An-Nisaa 4: 135)

 

 

Establishing testimony includes giving witness in making contracts and giving it in front of judges. The `Ulamaa' (Scholars) said,

"Whoever is called to be a witness over a contract or undertaking - and there is no one besides him qualified to do that - it is compulsory on him to be a witness over the transaction. If however, there are other qualified persons to do that, it becomes a recommended act and collective obligation."

 

As regards giving testimony, the 'Ulamaa' said,

"Giving testimony is a collective obligation whereby if it is carried out by a sufficient number of people, the whole community is absolved of the obligation. But if no one does it, the whole community is blameworthy. If also there are no other witnesses that would enable justice to be done and there is a fear that someone's right may be lost, it then becomes individual responsibility of the few available witnesses to testify.

Allah (The One God) says,

"And the witnesses should not refuse when they are called on (for evidence)."(Holy Quran Al-Baqarah 2: 282)

 

 

Islam not only enjoins giving testimony, it also forbids concealing it because concealing evidence is something that is disapproved of in terms of religion and detested by nature. Allah (The One God) says,

"And conceal not the evidence, for he who hides it, surely his heart is sinful."(Holy Quran Al-Baqarah 2: 283)

 

Some 'Ulamaa said:

"Allah has not threatened (His slaves) on anything as much as He has threatened them over the concealment of evidence, for He said,
'Surely He who hides it, surely his heart is sinful.'"

Concealing evidence is a great sin. Allah (The One God) says:

"We shall not hide Testimony of Allah, for then indeed we shall be of the sinful."(Holy Quran Al-Maa'idah 5: 106)

 

 

 

Ibn Abbaas said,

"Giving false testimony and concealing testimony is one of the major sins."

Since all these facts have been made clear it then becomes necessary to know that Islamic Law has surrounded testimony with hedges that will enable it to serve its purposes and prevent it from deviating towards what negates its goals. That is why the basic principle in Shari'ah is that one's testimony must be based on knowledge, clarity and trust. Allah (The One God) says,

"Except those who bear witness to the truth and they know."(Holy Quran Az-Zukhruff 43: 86)

He also said while referring to the sayings of Prophet Yoosuf's brothers,

"And we testify not except according to what we know."(Holy Quran Yoosuf 12: 81)

 

 

The 'Ulamaa said,

"Generally speaking, when regarding a matter that can be seen, like murder, stealing, or fornication, only eye-witness accounts are suitable (acceptable) as testimony and if the matter is one that can be heard like marriage and business contracts, divorce, etc., acceptable testimony should be based on hearing.”

It is clear, then, that to give testimony on a matter wherein one has no knowledge, or to purposely testify with the opposite of what we know to be the truth is regarded as a great sin. False testimony is one that is baseless whatever the reason may be. Ibn Hajar said

, "False information is to describe something in contrary to its actual form."

Some 'Ulamaa said,

"Falsehood is something that is outwardly adjusted and beautified so that it may be thought to be truth."

Allah (The One & Only God) says,

"And shun lying speech (false statements)."(Holy Quran Al-Hajj 22: 30)

 

 

At-Tirmidhee and others reported that the Prophet delivered a sermon one day and said,

"O you people! Giving false testimony is equal to ascribing partners to Allah." He then recited, "Shun the abomination (worshipping) of idols and shun lying speech (false statements)."

In the 'two Saheehs' (Al-Bukhari and Muslim), the Holy Prophet said,

"Should I inform you about the greatest of the great sins ?" They said, "Yes, O Allah's Messenger!" He said, "1.To join others in worship with Allah and 2. To be undutiful to one's parents." The Holy Prophet then sat up after he had been reclining (on a pillow) and said, " 3. And I warn you against giving a lying speech (false statement)." And he kept saying that warning, till we thought he would not stop.

 

 

Giving false testimony has many evils for it supports falsehood against truth and gives backing to injustice and aggression against justice. It also effaces fairness and equity and poses danger to public safety and security.
Therefore, fear Allah (The One & Only God) and take to the path of pious believers about whom Allah says,

"And those who do not witness falsehood and if they pass by some evil play or evil talk, they pass by it with dignity."(Holy Quran Al-Furqan 25: 72)

 

 

Islamic Law strongly wishes to establish principles of brotherhood and mutual love in the Muslim society and remove causes of dissension from among Muslims that is why it promulgate the policy of authentication and keeping records of contracts in order to protect people's rights and valuables and put paid to corruption and contentions. One of the methods of authentication is testimony. Allah (The One God)  says regarding business transactions,

"But make witnesses whenever you make a commercial contract."(Holy Quran Al-Baqarah 2: 282)

 

He also said regarding revocation of contracts,

"And take for witness two just persons (Muslims) from among you."(Holy Quran At-Talaq 65: 2)

 

He said concerning handing over properties and trusts,

"And when you release their property to them, take witness in their presence; and Allah is All-Sufficient in taking account."(Holy Quran An-Nisaa 4: 6)

 

Obey the injunctions of your Lord and adhere to His way in order to succeed and have prosperity in this world and the next.