Question: What is the ruling on recording and publishing the fear, insomnia, and mental trauma experienced by children as a result of attacks by disbelievers?

It should be clear that all Muslims of the world are like one body. Just as the entire body remains restless when any single limb experiences distress, Muslims should also demonstrate empathy and concern rather than apathy and indifference toward the grief and suffering of their fellow Muslim brothers, so that they do not feel alone.

Accordingly:

• If practical help is possible, one should stand shoulder to shoulder with them.
• If practical help is not possible or difficult, then one should understand their life necessities and provide financial assistance.
• If even this is not possible, it is a requirement of faith to feel their pain and sorrow in one’s heart.
• Furthermore, it is the religious and moral duty of every Muslim to remember their Muslim brothers in special prayers during such circumstances.

Therefore, in the context of such situations, there is room (permission) to prepare and publish documents or reports based on truth and facts that describe the miserable condition of these oppressed Muslims. This is so that Muslims, instead of remaining in a state of negligence, remain attentive toward them.

Question: Is it permissible to record and preserve testimony for historical, journalistic, or research purposes? Furthermore, please explain if principles such as the plurality of witnesses (Ta’addud-e-Shahadat), successive transmission (Tawatur), or public notoriety (Shuhrat-e-Aam) apply to such testimony?

The Definition of Testimony: Linguistically, testimony means providing information with certainty. In Sharia terminology, it refers to “providing truthful information in a judge’s court using the word ‘testimony’ (Shahadat) to establish a right.”

The Ruling on Research Interviews: Inquiries made on various occasions for historical, journalistic, or research purposes to verify an event cannot be technically termed as “Sharia Testimony.”

Consequently, it is not necessary for such inquiries to meet the formal requirements of legal Sharia testimony. There is no requirement for a formal court session, a specific number of witnesses, or that the witness be legally upright (Adil). Instead, for the investigation of a historical event, the report of a single reliable person or several individuals can be trusted.

Conclusion: Recording testimony for historical, journalistic, or research purposes is a permissible act, provided it is not done for un-Islamic purposes. Fixed principles like the plurality of witnesses or successive transmission do not strictly apply here.

Information can be recorded from a single reliable person to investigate an event, and one may also utilize information that is widely known or considered a famous opinion among the people.

Question: If there are no written, photographic, or media documents of an event, are the oral testimonies of local people considered sufficient to prove the existence of that event? Furthermore, what is the status of oral testimony in Islamic jurisprudence (Fiqh), especially when no written or visual evidence exists? Can such testimony be presented as an argument in public debate and reporting?

The Answer: It should be clear that for proving a historical event, it is not necessary to have witnesses that meet all formal Sharia legal conditions; rather, the report of even one reliable person or several individuals can be relied upon in this matter. Additionally, it should be known that testimony (Shahadat) is essentially providing a truthful report about an event verbally.

Therefore, it is not necessary for testimony to be in written form, nor is being in written form from the start a condition for its acceptance. However, if a testimony or report is written down and preserved to be presented as evidence in the future, it is permissible, in fact, it is a commendable act according to Sharia.

The Ruling: According to the situation presented, if there is no written, photographic evidence, or media documentation of an event, the oral testimonies of local people can indeed be utilized to investigate the facts of that event.

Question: What is the Sharia status of a woman’s oral testimony for historical, journalistic, or research purposes? To what extent is such testimony reliable?

Where the objective is merely to report information about an event, the testimony of women is acceptable, provided that the report is satisfactory/reliable.

Ruling: According to the situation presented, the report of reliable women is acceptable for historical, journalistic, or research purposes, even if it is from only one woman. Therefore, there is room to prepare a report by investigating the facts of an event based on her information.

Question: If women (for example, the mothers or sisters of martyrs) give interviews, what specific etiquettes must be observed during the recording? Can a man conduct the interview while adhering to the requirements of Sharia-compliant veiling (Pardah)? 

Inquirer: Waqar Ahmed, Islamabad

According to the pure Sharia, it is necessary for women to keep their entire body from head to toe concealed before stranger men (Ajnabi); they should not even raise their voices before them without necessity, as a woman’s entire body is considered a veil (Pardah). However, on occasions of necessity and need, Islam has permitted them to speak with stranger men, provided they do not display affected softness or a charming tone in their voice.

The Ruling: According to the situation presented, there is room (permission) for women to provide eyewitness accounts of events while observing Sharia-compliant veiling, provided that they do not use affected softness or a charming tone while giving the interview. Furthermore, the interviewer must also keep his gaze lowered and avoid delving into unnecessary details.

Question: Is it permissible, after an attack by disbelievers, to inquire at the site whether those martyred were ordinary civilians or Mujahideen? If someone provides testimony naming known Mujahideen, is it permissible to publish such testimony provided it causes no harm? 

Inquirer: Waqar Ahmed, Islamabad

Ruling: In the light of the pure Sharia, there is room to perform any permissible act for the public interest that does not cause harm to anyone; furthermore, every effort should be made to eliminate harm and loss to the greatest extent possible.

• Conditional Permission: According to the situation presented, if inquiring about Mujahideen and non-Mujahideen and preserving their records does not cause their families to face difficulties later, then it is legally permissible.
• Purpose of Documentation: This is allowed so that by preserving the martyrs’ records, appropriate services can be provided to their widows, children, and families, or the public’s attention can be drawn toward assisting them.
• Precedence of Safety: However, if specifically preserving and publishing their records would cause their relatives to face difficulties later, then to prevent such harm, it is better to keep their records confidential.

Question: Is the verbal testimony of a non-Muslim, taken for the purpose of establishing historical facts in investigative journalism, acceptable under Shariah?

Peer Reviewed Answer: 

According to the pure Sharia, one of the conditions for a witness is that they must be a Muslim and not a non-believer. Therefore, the testimony of a non-believer against a Muslim is not acceptable; however, their testimony is acceptable against another non-believer like themselves. Similarly, regarding religious matters or the investigation of the facts of an event, their report (information) will only be acceptable if there is confidence/certainty in their report. Otherwise, there is no room to utilize their information.

Regarding the specific situation asked, there is room to utilize the oral report of a non-Muslim for historical, journalistic, or research purposes, provided that their report is reliable/satisfactory; otherwise, it will not be acceptable.