When a judge passes a decision on the testimony of a flagrant sinner

Question:
Can a judge accept the testimony of a flagrant sinner as regards the
sighting of the crescent? If he did accept it, will the decision which he
passes on the basis of that testimony be correct?

Answer:

The judge who accepts a testimony of a fasiq (flagrant sinner) has
sinned. However, if the judge accepted his testimony because of the
man’s popularity and trustworthiness, the decision will be
promulgated. In fact, Imam AbB YBsuf rahimahullah is of the view that
if a faasiq is well-known for his nobility and dignity, it will be essential
to accept his testimony. It is not even a sin to appoint such a person as
a judge. However, the more correct view is that it is a sin to accept his
testimony, but the decision will be passed and executed.

Hadrat Mufti Muhammad Shafi‛ Sahib rahimahullah writes:

The jurists concur that it is not wajib on a judge to accept the
testimony of a fasiq and to pass a judgement based on it. However, if
the judge – through circumstantial evidence – gauges that he is not
speaking a lie and he therefore passes a judgement on the basis of the
testimony of a fasiq, the decision will be correct and executed. This is
gauged from al-Hidayah, Sharh al-Wiqayah, ad-Durr al-Mukhtar, Shami,
‛Ālamgiri.1

Allah ta‛ala knows best.

REFERENCE:

1 Ru’yat-e-Hilal Aur Foto Ke Ahkam, p. 53.