[1] The Asl of The Muslim – Adala or Not?

بسم الله الرحمن الرحيم

Amir Al-Muminin, Umar Ibn Al-Khattab, may Allah be pleased with him, said:

“People were (sometimes) judged by the revealing of a Divine revelation during the lifetime of Allah’s Messenger but now there is no longer any more (new revelation). Now we judge you by the deeds you practice publicly, so we will trust and favour the one who does good deeds in front of us, and we will not call him to account about what he is really doing in secret, because Allah will judge him for that; but we will not trust or believe the one who presents to us an evil deed even if he claims that his intentions were good”. [1]

Imam Abdul-Azeez Bin Baaz, may Allah have mercy upon him, said:

“Whoever manifests good, it will be accepted from him and a good suspicion is held about him. And if he manifests evil, it will be held against him and an evil suspicion is held about him”. [2]

Imam Muhammad Ibn Salih Al-Uthaymin, may Allah have mercy upon him, said:

So, in this worldly life, we do not deal with people except based on what is outwardly apparent. As for in the Hereafter, it will be based on what is concealed.

The reason for including this narration in the chapter on testimony is that indeed the asl regarding a Muslim is that he is considered trustworthy and that his testimony is acceptable.

The scholars have differed in this mas’alah as to whether the asl regarding a Muslim is trustworthiness or not trustworthiness.There are two opinions among the scholars:

Among them are those who say that indeed the asl regarding a Muslim is that he is not considered trustworthy; meaning, his testimony is not accepted until his trustworthiness is clearly established to us, because indeed trustworthiness is a precondition, so it must be present, and Allah has stipulated it in His statement:

وأشهدوا ذوي عدل منكم

And bring two just men among yourselves to witness. (At-Talaq 2)

So, it has to be present (established).

Among them are those who say that indeed the asl regarding a Muslim is that he is obedient to Allah and adheres to His commands, whereas fisq is something that occurs later and is not the original state. So, the asl regarding him is that he is trustworthy.

What is apparent to me is that we should say that this matter varies depending on the differences between the people.

So, regarding the person from whom no evil has become apparent, what should we consider him? We consider him to be trustworthy and accept his testimony. But the opposing party, against whom the testimony is being given, has the right to (establish the flaws in his trustworthiness) and disparage him (based on proof). Therefore, he is given a period of time to produce evidence or proof establishing grounds for criticising the witness. If this is established, then we reject his testimony (i.e. the testimony of the first one who testified). And this is what we say (or apply) regarding the person whose trustworthiness has not become apparent and been established to all the people, and regarding the person whose fisq and deviation have not become apparent.

As for the person whose trustworthiness is apparent and evident, and who is well known to the people, then there is no complicatedness that the asl regarding him is that he is considered trustworthy. For this reason, if someone were to criticise Imam Ahmad and say, “We do not know whether he is trustworthy or not, should we accept his narration or not?” There is no need for this. There is no need to seek an appraisal for someone like Imam Ahmad or other similar scholars among the trustworthy Imams.

Similarly, if a person were to criticise (i.e. truthfully) someone who is well known for fisq and immorality, we have no need to say, “Produce your evidence” Because indeed, this matter is obvious and widely known among all the people. [3]

To be continued InShaaAllah.

[1] Sahih Bukhari 2641

[2] An Excerpt from Al-Hulal Al- Ibreeziyyah Min At-Taleeqaat Al-Baaziyyah Alaa Sahih Al-Bukhari 2/397. footnote 1

[3]https://www.alathar.net/home/esound/index.php?op=codevi&coid=30851 paraphrased.