Does the testimony of morally corrupt individuals (Fasiq) or children establish Lawth?
Chapter on Qasamah (Oaths regarding murder)
Al-Mughni
Book of Blood-Money (Diyyāt)
Primary text
There are two views on whether the testimony of Fasiq or children establishes Lawth. One view maintains it is not Lawth because their testimony does not carry legal weight, just like the testimony of infants or the insane. The second view posits that it does establish Lawth because it leads to a strong presumption of the claimant's truthfulness, analogous to the testimony of women and slaves. This second view, adopted by the Shafi'i school, requires that children giving testimony arrive separately to prevent collusion.