The jurists have mentioned that outward probity is to be considered in several matters, including guardianship in marriage and the call to prayer, because the right of Allah predominates in such matters. Thus, if someone comes forward to lead us in prayer and appears righteous, we do not need to say that evidence must be established for his inward probity. Rather, outward probity is sufficient with respect to the right of Allah. But in the rights of human beings, which are founded upon careful scrutiny and strict contention, we say that the basic presumption is the absence of probity until it becomes clear that he is upright.
Shaykh al-Islam said: “The basic condition of the children of Adam is wrongdoing and ignorance,” owing to the words of Allah, Most High:
“But man undertook it. Indeed, he was ever unjust and ignorant.” [al-Ahzab 33:72]
Wrongdoing and ignorance are the two causes that negate probity, for a person departs from uprightness only because of his wrongdoing or his ignorance. If he knowingly departs from the bounds of uprightness, then he is a wrongdoer; and if he ignorantly departs from the bounds of uprightness, then he is ignorant. In short, the established position of the school is that the probity of witnesses must be established both outwardly and inwardly. They adduced textual and rational evidence for this.
There is another report from Ahmad: a Muslim is deemed upright unless grounds for suspicion become apparent in him. This report indicates that the basic presumption regarding Muslims is probity, unless something impugning them becomes evident. For this reason, the scholars said that when the litigant impugns the witnesses, he is required to produce evidence for it. Had the basic presumption been the absence of probity, his impugning them would not have required him to establish evidence. But the answer to this will come, Allah willing.
Shaykh al-Islam has another view on this issue. He says that the legal probity which requires the performance of acts of obedience and the avoidance of prohibited matters is not a condition for witnesses. Rather, anyone whom people accept in