Library Ethics Greater Sins Chapter 22 Concealing Evidence Is it Wajib to testify?
Is it Wajib to testify?
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Is it Wajib to testify?
Is it Wajib to become a witness if one is requested to do so by a believer brother, in order he may achieve some benefit from the case he is pursuing in an Islamic Court? According to most of the Mujtahids it is Wajib. Allah the Almighty Himself says:
“.,.and call in to witness from among your men two witnesses; but if there are not two men, then one man and two women from among those whom you choose to be witnesses, so that if one of the two errs, the second of the two may remind the other; and the witnesses should not refuse when they are summoned.”
(Surah al-Baqarah 2:282)
Hisham says that Imam Ja’far as-Sadiq (a.s.) said,
“And the witnesses should not refuse when they are summoned.”
(Surah al-Baqarah 2:282)
And in the succeeding ayat,
“...and do not conceal testimony”, meaning concealing testimony from a Shari’a judge.”
Numerous traditions state that to be a witness is Wajib (obligatory). For example, Muhammad Bin Fuzail asked Imam Musa al-Kadhim (a.s.) the meaning of the above ayat (Surah al-Baqarah 2:282)
“And the witnesses should not refuse when they are summoned.”
Imam (a.s.) replied,
“When someone calls you to give evidence in a matter of some debts or some right, then you do not have the choice to ignore it.”
(Wasa’il ul-Shia)
Of course the Qur’anic command in the verse 282 of Surah al-Baqarah asking the witness to testify before the Shari’a judge implies that the person had in the first instance been a witness to the transaction etc.
The person who has witnessed the transaction etc. has to exercise extreme care and caution in this regard. He must memorise all the details or put them in writing, if necessary, so that there is no scope for doubt or misunderstanding in future. If this person is called upon to be a witness, it is Wajib on him to comply, even if he has to travel some distance.
