Özet:

The concept of fāsiq, which is also used for an infidel in the religious literature, is generally used for a Muslim who sins in terms of Islamic Law. As there is the possibility of lying in their doings, it was ordered in the Qur’an that Muslims should investigate the khabar of a fāsiq. In a trial where there is no evidence other than the witness, it is up to the witness to give accurate news for the judge to make the right decision. Revealing the truth is the main purpose in a case. Islam has forbidden religious false witnessing. It is highly probable that a fāsiq person, who is not ashamed of Allah when doing sinful acts, and who is also not ashamed from people when committing these sins openly, also lies during the witnessing. Considering this possibility as well as the evidence in religion, Islamic jurists have not considered the khabar of a person in religious issues to be acceptable;and generally, also did not accept the witnessing, or the shahādah of a fāsiq, who does not repent and does not rehabilitate his/her condition, in legal cases. However, they accepted the khabar and witnessing of a fāsiq if she/he is believed to tell the truth in procedures such as proxies, partnerships, and permission in trade because of ḥarac in their applicability.

Anahtar Kelimeler: