Resolving the contradiction between two fatwas on the testimony of a fasiq

Question

Question: I had sent a request for a fatwa. The question was this: a certain man performs the prayer, also keeps the fast and does all the works of religion, but he shaves his beard. Is such a man considered reliable (muʿtabar) in the Sharia or not? That is, is the testimony of such a man accepted regarding the (sighting of the) moon of Ramadan or the moon of Eid or not? Whom does the Sharia mean by a reliable person?

Answer

If the witness is ʿadil (upright, of established probity), then accepting his testimony and judging in accordance with it is wajib. If he is not ʿadil, but has become a fasiq by committing a major sin, then accepting his testimony is not wajib. However, if the judge (hakim) learns from circumstantial indications (qara’in)

Source: Fatawa Mahmudiyya

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