In the Shafi’i School, Is a Witness to a Crime Obligated to Report It Directly or Only When Summoned by Authorities?

Answered by Shaykh Irshaad Sedick

Question

In the Shafi’i School, is a witness to a crime obligated to report it directly or only when summoned by authorities? Does this obligation change if the witness fears for their life, and what degree of fear is considered valid—speculative or real?

Answer

In the Shafi’i School, a witness’s obligation to testify when summoned in court is a communal obligation. When seeing injustice, a believer is required to take action to the extent of their ability. The Sunna provides clear guidance on the steps to take in this regard.

When Summoned to Testify

If summoned by an Islamic court, a witness must testify to ensure justice, as Allah (Most High) says, “And do not conceal testimony, for whoever conceals it—his heart is indeed sinful. And Allah is Knowing of what you do.” [Quran, 2:283]

It is a communal obligation (fard kifaya) to witness and testify to legal events. If only one individual is available to fulfill this duty, it becomes personally obligatory for them. In such cases, they are not permitted to accept payment for their testimony. However, if the obligation is not personal, they may accept a fee for their service. [Keller, Reliance of the Traveller, o24.1]

Witnessing a Crime – Guidance from the Sunna

The Prophet (Allah bless him and give him peace) said, “Whoever among you sees a wrong, let him change it with his hand; if he cannot, then with his tongue; and if he cannot, then with his heart—and that is the weakest of faith.” [Muslim]

Enjoining good and forbidding evil is a communal obligation derived from the Quran, Sunna, and consensus (ijma‘) of the umma. [Nawawi, Sharh Sahih Muslim, 2:22] Based on this, the following steps should be followed when witnessing a crime:

Step 1: Take Action Physically

If capable, one should physically stop the wrongdoing, provided it does not endanger oneself or others.

Step 2: Speak Out

If physical action is not possible, one should speak against the wrongdoing. This includes shouting, calling for help, contacting authorities, or reporting the crime.

Step 3: Disapprove with the Heart

If speaking out is also unsafe, one must at least feel discontent toward the wrongdoing. Feeling indifferent or content with it, Allah forbid, questions one’s faith.

The obligation to testify or report is proportionately waived if the witness fears harm to themselves or others. Valid fear must be real and based on clear evidence of potential harm, such as retaliation or violence. Speculative fears without a concrete basis do not exempt one from this obligation.

This balance ensures justice while safeguarding personal welfare, and Allah knows best.

[Shaykh] Irshaad Sedick
Checked and Approved by Shaykh Mohammad Abu Bakr Badhib

Shaykh Irshaad Sedick was raised in South Africa in a traditional Muslim family. He graduated from Dar al-Ulum al-Arabiyyah al-Islamiyyah in Strand, Western Cape, under the guidance of the late world-renowned scholar Shaykh Taha Karaan.

Shaykh Irshaad received Ijaza from many luminaries of the Islamic world, including Shaykh Taha Karaan, Mawlana Yusuf Karaan, and Mawlana Abdul Hafeez Makki, among others.

He is the author of the text “The Musnad of Ahmad ibn Hanbal: A Hujjah or not?” He has served as the Director of the Discover Islam Centre and Al Jeem Foundation. For the last five years till present, he has served as the Khatib of Masjid Ar-Rashideen, Mowbray, Cape Town.

Shaykh Irshaad has thirteen years of teaching experience at some of the leading Islamic institutes in Cape Town). He is currently building an Islamic online learning and media platform called ‘Isnad Academy’ and has completed his Master’s degree in the study of Islam at the University of Johannesburg. He has a keen interest in healthy living and fitness.