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﴿ فَاسْأَلُوا أَهْلَ الذِّكْرِ إِن كُنتُمْ لَا تَعْلَمُونَ ﴾

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The Vouching for Witnesses and Their Integrity

Machine translationRead the Arabic original
The questioner:
A witness from the countryside may testify while bearing signs of open sinfulness, such as shaving his beard, smoking, abandoning the mosques, and using foul language. Then he is asked to provide a vouching witness, and he brings someone just like him. Why is he not asked to provide a vouching witness from the imam of the mosque next to him? If he is unable to do so, it is known that he lacks integrity because of his abandonment of the mosque. Perhaps that will serve as an incentive for him to pray, for the prayer restrains from indecency and wrongdoing?

The Shaykh:
This is for the judges; we ask Allah to assist them. They are the ones who look into the vouching for witnesses, and Allah will assist them in truth and guidance. The issue of vouching, and what relates to vouching and the vindication of witnesses, is with the judges who hold the authority to rule. There is no doubt that shaving beards, smoking, and intoxication are no doubt defects and flaws that prevent the acceptance of testimony. But if the entire village smokes, what does the judge do if he and his associates are smoking? The plaintiff, the defendant, and the witnesses are all smoking.

The questioner:
There is no power and no strength except by Allah.

The Shaykh:
But he is good in other matters. The point is that circumstances differ, and the Qur'an—may Allah grant them success. Islam began as something strange, and it will return to being strange as it began, may Allah. And if they are all shaving their beards, what does the judge do? Yes, may Allah grant us well-being. Yes.
Source ندوات الجامع الكبير مع الأسئلة - ٧٥ — archive.org (1:00:15)

The Arabic text is a machine transcription of the audio recording.

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