his testimony. But according to the stronger view, it is accepted. We would then say that “two just men from among you” means: just in their testimony.
Another possible response—offered by those who objected to the jurists’ position—is that Allah says, “And bring to witness two just men from among you.” This concerns the initial undertaking of testimony: that is, do not select anyone but an upright person. But when testimony is given, we accept anyone whose truthfulness is supported by circumstantial evidence. There is a difference between undertaking testimony, where one wishes to select witnesses upon whom he can rely, and a person who later brings witnesses to establish a right. These scholars therefore distinguish between undertaking testimony and delivering it. In undertaking testimony, one must select upright witnesses, lest a difficulty arise later or the testimony be rejected. But when testimony is delivered, the particular case is examined.
As for the sinful person, Allah did not command that his report be rejected; rather, He said, “Then verify it.” Thus, if a sinful person testifies to something for which the evidence indicates his truthfulness, then we have verified it and found that he is truthful. And if two sinful persons testify, their reports reinforce one another, provided that there was no collusion between them—for example, if each of them is independent of the other and they testify in a particular case. There is no doubt that their reports strengthen one another. This is why, even according to the scholars of hadith terminology, when two weak narrators relate a report, the hadith is strengthened.
In summary, the two verses contain no evidence that the uprightness required in testimony is what the jurists, may Allah have mercy on them, have described. Uprightness in guardianship, however, is a different matter, because the guardian has authority to act and to direct, whereas the witness is merely a means of establishing a right and has no authority to execute it. Therefore, more should be required of the guardian than of the witness.