A few weeks ago, while standing in a crowded Tehran metro station, I found myself facing a public display commemorating children reportedly killed in an airstrike on a school in Minab. The station continued to function around me with mechanical indifference: announcements repeating, passengers moving, bodies circulating through space as if nothing had been interrupted. Yet the display introduced a different temporality into this flow. Photographs of children, names carefully arranged, and fragments of interrupted lives were presented not as an invitation to interpretation but as an insistence on remembrance. Some people slowed down. Others refused to look. But what mattered was not how the images were received; it was the fact that they demanded to be seen.
In that moment, the question that emerged was not about the political framing of the display or the institutional authority behind it. It was something more fundamental and more disturbing: what are the conditions under which suffering becomes knowable at all? How does violence pass from being an event experienced by bodies into something that can circulate as public truth, legal claim, or historical memory? Before justice can evaluate an event, the event must first become visible as something that can be testified to. This is the point at which ontology becomes jurisprudence.
The dominant traditions of modern political thought often assume that injustice is first a normative violation and only secondarily an epistemic problem. But the structure of contemporary violence suggests the opposite: injustice first appears as a disruption in the conditions of appearance itself. This is why the problem of testimony is not secondary to justice; it is its precondition.
At the center of this structure stands a concept that is both ancient and radically contemporary: shahādah, testimony. In Islamic legal and ethical thought, testimony is not merely evidentiary speech. It is a moral and epistemic obligation through which truth becomes publicly accessible. The Quran anchors justice in witnessing with unusual force: “O you who believe, stand firmly for justice, as witnesses for God, even against yourselves or your parents or your relatives” (4:135). In another verse: “Be steadfast for God, witnesses in justice” (5:8). And in a more severe formulation: “Do not conceal testimony, and whoever conceals it—his heart is sinful” (2:283).
These verses are not procedural instructions. They define a moral ontology: truth must not remain private, and justice collapses when testimony is withheld. To conceal testimony is not simply to fail in communication; it is to obstruct the very possibility of justice. Shahādah is therefore not subordinate to law—it is one of its conditions of existence.
Classical Islamic jurisprudence sharpens this further through a distinction that is often overlooked in modern legal theory: tahammul al-shahādah (bearing testimony) and adāʾ al-shahādah (performing testimony). The first refers to the moment of witnessing itself—the encounter with an event that produces knowledge. The second refers to the act of transmitting that knowledge into a shared space where it can become the basis of judgment. Between these two lies the entire architecture of justice. Witnessing without transmission remains ethically real but socially inert; transmission without witnessing is epistemically void. Shahādah is thus a structured passage from experience into public truth.
What is decisive in the contemporary world is that this passage is no longer purely human or institutional. It is infrastructural. In modern warfare, especially in digitally mediated conflicts, the conditions of both witnessing and testimony are shaped by technological systems that determine whether experience can circulate at all. A civilian may witness violence directly or capture it on a phone, storing and attempting to transmit fragments of destruction. Yet none of this becomes testimony in a legal or collective sense unless it enters a network of circulation, preservation, and verification. At this point, a transformation occurs: the smartphone becomes the site of tahammul, while the internet becomes the condition of adāʾ.
This means that digital infrastructure is no longer a neutral medium. It is the condition under which shahādah becomes publicly effective. Without connectivity, witnessing collapses into isolation. It survives as private knowledge but never becomes a legal fact.
International law today quietly depends on this structure without fully acknowledging it. Accountability mechanisms in international humanitarian law, human rights investigations, and criminal tribunals increasingly rely on decentralized forms of evidence: civilian-recorded videos, satellite imagery, metadata embedded in digital files, and distributed online archives. Legal truth is no longer exclusively produced by institutions; it is assembled from dispersed acts of witnessing. International law, in practice, presupposes a global ecology of shahādah without naming it.
This dependency becomes visible precisely at the moment it is interrupted. When internet connectivity is suspended during armed conflict, violence does not cease—but its transformation into legal knowledge is disrupted. Evidence fragments before stabilization. Witness accounts remain localized. Digital traces lose circulation before verification. What disappears is not only communication in the present, but the possibility of accountability in the future.
Mainstream legal discourse interprets such shutdowns through freedom of expression or access to information. But this framing is insufficient. It treats speech as the primary object of harm, when in fact the deeper harm lies in the disruption of the conditions under which experience becomes testimony. The issue is epistemic before it is expressive.
Islamic jurisprudence provides a sharper conceptual lens. If shahādah is a precondition of justice, and concealment of testimony is morally prohibited, then systematic disruption of testimony’s conditions is not merely a restriction on speech. It is a disturbance in the architecture of justice itself. Quran 2:283 does not only regulate courtroom behavior; it articulates a general norm: justice requires the public accessibility of truth through witnessing.
From this perspective, a philosophical tightening becomes possible. Justice is not only norm enforcement; it is the organization of shared reality. Testimony is the mechanism through which reality becomes collectively accessible. To interrupt testimony is therefore to fracture shared reality—not metaphysically, but juridically: in the sense that what can be known together becomes unevenly distributed.
Internet shutdowns in wartime must therefore be understood not as technical measures but as interventions into conditions of appearance. They determine which events can become evidence and which remain outside legal intelligibility. Sovereignty here extends into epistemology: it governs not only territory and population, but the visibility of events themselves.
The Iranian case during recent regional hostilities is not exceptional but symptomatic. Across different regimes, connectivity is increasingly treated as an adjustable instrument of security governance. Networks can be throttled, segmented, localized, or fully suspended. Digital infrastructure has become part of the operational environment of war itself. Yet legal theory still lags behind this transformation. International law continues to assume that evidence emerges after events, rather than recognizing that evidence is produced through infrastructural conditions during events. The distinction is no longer temporal; it is structural.
What emerges from the convergence of Islamic jurisprudence and international law is a shared but under-theorized principle: justice depends on the accessibility of testimony. Shahādah and evidence are structurally convergent forms of public knowability. Both require that experience become communicable, preservable, and evaluable. From this follows a normative implication that cannot be avoided: the right at stake in wartime connectivity is not merely freedom of expression, but the right to testify. And this right is not purely individual; it is infrastructural. It belongs to anyone who encounters violence because it depends on systems that allow witnessing to become socially effective.
Returning again to the metro station, the commemorative display becomes more than a localized act of remembrance. It reveals a general structure: suffering enters public reality only through conditions that allow testimony to circulate. Some deaths become names; others remain untranslatable into public truth. The difference is not ontological but infrastructural. The internet, in this sense, is not an accessory to communication. It is part of the material condition of shahādah in the contemporary world. To interrupt it is not merely to silence speech, but to disrupt the pathway through which suffering becomes truth, truth becomes evidence, and evidence becomes justice. Justice therefore does not vanish when connectivity is cut—but it becomes uneven, fragile, and structurally incomplete, because its epistemic foundations are no longer equally accessible to all participants in the production of truth.
AmirAli Maleki is JURIST’s Deputy Managing Editor for Commentary. He is also a researcher specializing in international law and the philosophy of law, and the Editor of PraxisPublication.com. He works in the fields of political philosophy, Islamic philosophy, and hermeneutics. He is the recipient of JURIST’s 2026 David M. Crane Rule of Law award.