Giving testimony when no correct verdict is expected
Question
Question: In the Punjab, inheritance is divided not according to Islamic law but according to the custom of the biradari (clan community): girls are not given a share, and instead of giving widows their right under the law of the Sharia, people want to give them only a living allowance. If she files a claim in court, she takes possession of the whole estate, and the other heirs are deprived.
Answer
When it is certain that the court will not decide in accordance with the Sharia but contrary to it, and truthful testimony will bear no fruit, then in such a situation testimony is not wajib for the witness. And when there is a preponderant assumption that the court will accept the testimony and decide in accordance with the Sharia, and without giving testimony the right of a…
Source: Fatawa Mahmudiyya
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