although each may receive a punishment short of the prescribed penalty. The evidentiary threshold for the prescribed punishment for unlawful sexual intercourse has been set at four witnesses.
Their qualifications must likewise be taken into account: the prescribed punishment for unlawful sexual intercourse cannot be imposed on a Muslim except on the testimony of Muslims. Yet it may be said that He did not stipulate that they must be upright and acceptable, as He stipulated in the verse concerning debt when He said:
“From among those whom you accept as witnesses.”
In the verse concerning bequests, He said:
“Two just men from among you.”
And in the verse concerning taking back a divorced wife, He said:
“And call two just men from among you to witness, and establish the testimony for Allah.”
Allah, glorified be He, has thus commanded us to entrust the testimony we need to people who are upright and acceptable. These are the people who comply with what Allah has commanded them in His words:
“O you who believe, stand firmly for justice as witnesses for Allah, even against yourselves, your parents, or close relatives. Whether one is rich or poor, Allah has a greater claim over both. So do not follow your desires, lest you depart from justice”—to the end of the verse.
And in His words:
“When you speak, be just, even if it concerns a close relative.”
And His words:
“Do not conceal testimony.”
And His words:
“Let witnesses not refuse when they are called upon.”
And His words:
“And those who uphold their testimonies.”
They therefore bear witness justly for Allah, thereby fulfilling the purpose of the person who called upon them to witness.
The second consideration is that their testimony is accepted and heard because they are upright and acceptable. This indicates that these qualities are required both for testimony to be accepted and for it to be given. He, glorified be He, has forbidden accepting the testimony of a sinful person in His words:
“If a sinful person brings you news, verify it”—to the end of the verse. However, this explicitly establishes that when a single sinful person brings a report, it must be verified,