What is the ruling on the testimony of an open sinner?

The questioner : The ruling on the testimony of an open sinner, if the testimony does not relate to the very matter of his open sinfulness?

The Shaykh : It does not relate to the very matter of his open sinfulness.

The questioner : The very matter of his open sinfulness.

The Shaykh : The very matter of his open sinfulness, what does that mean? How do we picture this case? We know that testimony must be from a person of integrity; so what is the difference, meaning, it does not relate to the very matter of his open sinfulness?

The questioner : For example, one who is known for lying, he is an open sinner, is he not, O Shaykh?

The Shaykh: Yes.

The questioner : So if he comes to us to testify for a man or against a man in some matter, we reject his testimony based on his lying; but if his testimony does not relate to the matter of the lying he is accused of?

The Shaykh : What is this philosophy, O Professor?

The questioner : By Allah, I do not know, O Shaykh. Perhaps I erred in my expression.

The Shaykh : (Laughter)The Shaykh : (may Allah have mercy on him) No, the intended meaning is very clear. Is the testimony of such an open sinner accepted in marriage?

The questioner : By Allah, it appears that it does not relate to truthfulness or lying.

The Shaykh : So is it accepted?

The questioner : His testimony is accepted.

The Shaykh : But it is not accepted because he is not a person of integrity.
Al-Halabi : O our Shaykh, acceptance is a rational matter; but the barrier to it is the Shari'ah.

The Shaykh : Of course, and the Shari'ah is more comprehensive and inclusive. Yes.

The questioner : By the way, O Shaykh, they come to us in the court, and people testify while they are beard-shavers and those who let their garments hang below the ankles...?

The Shaykh : May Allah aid you. (Laughter)The Shaykh : (may Allah have mercy on him).

The questioner: So what is your opinion?

The Shaykh : May Allah aid you; I wish the calamity were only in the shaving.

The questioner : And many other things are known regarding the man's deviation.

The Shaykh : That is it.

The questioner : And how? Do you accept his testimony, or is it rejected like this, because if it is rejected, interests stop? What is your opinion, O our Shaykh?

The Shaykh : May Allah assist you.

The questioner : What is your opinion?

The Shaykh : This is my opinion. May Allah aid you. (Laughter)The Shaykh : (Allahu Akbar) Regarding leaving the beard, I see that the matter is easier than others; because the obligation of leaving the beard is not from the rulings known from the religion by necessity. So the one who shaves his beard may be excused, but that is not the case for one who commits some of the acts of open sinfulness that are known, even to the open sinner, to be forbidden. So if I were a judge, may Allah forbid it, (Laughter)The Shaykh : (may Allah have mercy on him), I would distinguish between one sin and another. I would distinguish between one who drinks intoxicants and one who smokes tobacco. We believe that tobacco is forbidden, but where is the understanding of the masses, those who have lived for many years while hearing from the Shaykhs, scholars, who have beards in which the effect of tobacco has appeared, and they say that the five rulings apply to it? But the one who drinks intoxicants has no excuse. I make an exception and I add, saying: Yes, even the one who drinks intoxicants may be excused, do you know?

The questioner : How is that?

The Shaykh : He is living in the Hanafi school, and the Hanafis... (Laughter)The Shaykh : (may Allah have mercy on him)...

The questioner : They do not consider intoxicants to be anything other than from grapes.

The Shaykh : Other than from grapes, and as for what is other than that, much of the intoxicating is forbidden, but the little that is not intoxicating is lawful. So one who lives in such an environment, his case is like the case of the one who smokes tobacco.