The Ruling on the Testimony of a Fasiq

Question

(1) Zayd says: according to the books current among the Hanafis — for example al-Quduri, Kanz al-Daqa’iq, Sharh al-Wiqaya, al-Hidaya, Radd al-Muhtar, al-Durr al-Mukhtar, al-Durr al-Muntaqa, Majma‘ al-Anhur, al-Fatawa al-Hindiyya, Fath al-Qadir, al-Bahr al-Ra’iq, al-Khaniyya and others — at the conclusion of a nikah, witnesses consisting of two men, or one man and two women, suffice, whether they are upright (‘adil) or fasiqs (sinful).

Answer

I have read the debate of Zayd and Amr. Amr’s statement that, since the conclusion of the nikah is valid with the testimony of a fasiq, it should be taken into account at the time of a dispute as well, is an analogy despite a distinguishing difference (qiyas ma‘a al-fariq), contrary to the principles and particulars of fiqh and hadith.

Source: Fatawa Mahmudiyya

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