Seeking a non-Muslim Witness and Testifying for a non-Muslim
Based on God’s word in Quran it is permissible for Muslims to request a non-Muslim to be a witness for him. And it is also permissible to witness for a non-Muslim at the court provided that the truth has been testified
Seeking a non-Muslim Witness and Testifying for a non-Muslim
Similar Questions
- A non-Muslim as a witness;
- Acting as a witness for a non-Muslim.
The Issue
A Muslim living in a non-Muslim country may need to ask a non-Muslim to testify for him in court, or the reverse case may arise of a Muslim testifying for a non-Muslim.
Ruling
In a case being considered by a court of law it is permissible for a Muslim to request a non-Muslim to be a witness for him and it is permissible for him to be a witness for a non-Muslim, provided that he testifies to the truth.
Evidence
The permissibility of testimony by a Muslim in favour of a non-Muslim, stating the truth, is agreed by all. The texts that speak of giving testimony are general and not restricted to testifying for Muslims.
God says:
‘Witnesses must not refuse when they are called in.’
(2: 282)
Praising witnesses,
the Prophet says:
‘The ones who give testimony before they are asked to testify.’
Permission to ask a non-Muslim to be a witness is given in the verse speaking about making a will.
God says:
‘Believers, let there be witnesses to what you do when death approaches you and you are about to make bequests: two persons of probity from among your own people, or two others from outside if the pangs of death come to you when you are travelling through the land.’
(5: 106)
Since Muslims living in non-Muslim countries may need to call in witnesses who are not Muslims, this is permissible.
Ibn Taymiyyah said: ‘Testimony by non-Muslims against Muslims is unacceptable. This is not subject to disagreement. What is subject to disagreement is the acceptability of non-Muslims testifying against each other.’[1]
Sources
- Fatawa and essays by Shaikh Abd al-Razzaq Afeefi.
- Mut’ib al-Qahtani (ed.), Is'af al-Mughtaribin bi Fatawa al-'Ulama’ al-Rabbaniyyin.
- Ibn Taymiyyah, Majmu' al-Fatawa.
references
- Ibn Taymiyyah, Majmu' al-Fatawa, vol. 15, p. 297.