Taking Compensation for Giving Testimony
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Question: What is the ruling on a person who gives money to someone who testified on his behalf regarding a right, or who helped him in a valid case, knowing that the witness or the one who helped him did not stipulate anything?
Answer: It is not permissible to take compensation for giving testimony; because it is obligatory for the one who possesses the testimony to perform it for Allah the Exalted and Sublime, for the sake of clarifying the truth and removing injustice,Allah the Exalted said: [Surat al-Nisa: 135] ,And Allah the Exalted said: [Surat al-Talaq: 2] , not for the sake of worldly gain,And Allah the Exalted said: [Surat al-Baqarah: 283] .
The one who possesses testimony regarding a right must perform it without compensation, and without taking any reward; because this is an act of worship that Allah the Exalted commanded in His saying: [Surat al-Talaq: 2] , [Surat al-Nisa: 135] .
As for the one who helped you in a dispute, or in a case, if he helped you in the sense that he litigated on your behalf, taking charge of the dispute as your agent and representative, then there is no harm in giving him some money in return for his effort. This includes what lawyers receive, who represent plaintiffs, litigate on their behalf, and go back and forth, taking payment for their fees; because they are agents for those who have cases. However, it is not permissible to take money for testimony under any circumstances.
Likewise, the judge who rules between people is not allowed to take anything for his ruling. If he does, that is the bribe that Allah the Exalted and His Messenger (peace and blessings be upon him) have forbidden, and the scholars have unanimously agreed on its prohibition. As we mentioned, it is permissible for the agent or representative in a dispute to take payment for his effort, if he stipulated this, or if the one with the case intends to satisfy him with something for his effort. And Allah knows best.
Answer: It is not permissible to take compensation for giving testimony; because it is obligatory for the one who possesses the testimony to perform it for Allah the Exalted and Sublime, for the sake of clarifying the truth and removing injustice,Allah the Exalted said:
witnesses for Allah
شُهَدَاءَ لِلَّهِand establish the testimony for [the acceptance of] Allah
وَأَقِيمُوا الشَّهَادَةَ لِلَّهِAnd do not conceal testimony, for whoever conceals it - his heart is indeed sinful, and Allah is Knowing of what you do.
وَلَا تَكْتُمُوا الشَّهَادَةَ وَمَنْ يَكْتُمْهَا فَإِنَّهُ آثِمٌ قَلْبُهُ وَاللَّهُ بِمَا تَعْمَلُونَ عَلِيمٌThe one who possesses testimony regarding a right must perform it without compensation, and without taking any reward; because this is an act of worship that Allah the Exalted commanded in His saying:
and establish the testimony for [the acceptance of] Allah
وَأَقِيمُوا الشَّهَادَةَ لِلَّهِbe persistently standing firm in justice, witnesses for Allah
كُونُوا قَوَّامِينَ بِالْقِسْطِ شُهَدَاءَ لِلَّهِAs for the one who helped you in a dispute, or in a case, if he helped you in the sense that he litigated on your behalf, taking charge of the dispute as your agent and representative, then there is no harm in giving him some money in return for his effort. This includes what lawyers receive, who represent plaintiffs, litigate on their behalf, and go back and forth, taking payment for their fees; because they are agents for those who have cases. However, it is not permissible to take money for testimony under any circumstances.
Likewise, the judge who rules between people is not allowed to take anything for his ruling. If he does, that is the bribe that Allah the Exalted and His Messenger (peace and blessings be upon him) have forbidden, and the scholars have unanimously agreed on its prohibition. As we mentioned, it is permissible for the agent or representative in a dispute to take payment for his effort, if he stipulated this, or if the one with the case intends to satisfy him with something for his effort. And Allah knows best.