they deny, they are not made to swear an oath; for compelling them to swear opens the door for accusations against them regarding their testimony and causes them humiliation, which might deter them from providing testimony. This is the view of Al-Shafi'i, and we know of no opponent to it.

1869 - Issue: He said: "And if someone who he does not know testifies before him, he shall inquire about him; if two people attest to his uprightness ('adalah), he accepts his testimony."

The summary of this is that if two witnesses testify before the judge, and he knows them to be upright ('adlayn), he judges based on their testimony. If he knows them to be corrupt (fasiqayn), he does not accept their word. If he does not know them, he inquires about them, because the knowledge of uprightness is a condition for the acceptance of testimony in all rights. This is the view of Al-Shafi'i, Abu Yusuf, and Muhammad. From Ahmad, there is another narration: He judges by their testimony if he knows they are Muslim, based on outward appearance, unless the adversary says: "They are corrupt." This is the view of Al-Hasan. Wealth and prescribed penalties (hadd) are the same in this regard, because the outward state of the Muslims is uprightness, which is why 'Umar, may Allah be pleased with him, said: "Muslims are upright (udul) towards one another." It is narrated that a Bedouin came to the Prophet, peace and blessings of Allah be upon him, and testified to sighting the crescent moon. The Prophet, peace and blessings of Allah be upon him, said to him: "Do you testify that there is no god but Allah?" He replied: "Yes." He then said: "Do you testify that I am the Messenger of Allah?" He replied: "Yes." He then fasted and ordered the people to fast. This is also because uprightness is a hidden matter, the cause of which is the fear of Allah, the Exalted, and its indicator is Islam. When that is found, it is sufficient, unless evidence arises to the contrary. Abu Hanifa said regarding prescribed penalties and retaliation (qisas), it is like the first narration, and in other rights, it is like the second; because prescribed penalties and retaliation are matters for which precaution must be taken, and they are averted by doubts, unlike other matters. Our argument is that uprightness is a condition, so it is necessary to know it, just like Islam, and just as if the adversary were to challenge them. As for the Muslim Bedouin, he was one of the companions of the Messenger of Allah, peace and blessings of Allah be upon him, and their uprightness is established by the praise of Allah