Is the testimony of a guardian accepted in favor of those under his direct custody (fi hajrihi)?

General Chapter

Al-Mughni

Book of Judicial Rulings

Book 64 · Issue 2 · Bab 1

Open in Qurani

Primary text

The testimony of a guardian (such as a father or custodian) in favor of those under his direct custody (fi hajrihi) is not accepted. This is the opinion held by the majority of scholars, including Al-Sha'bi, Al-Thawri, Malik, Al-Shafi'i, Al-Awza'i, Abu Hanifa, and Ibn Abi Layla. The evidence supporting this is that the guardian is testifying concerning a matter in which he is an antagonist in the sense that he demands their rights, litigates for them, and manages their affairs, analogous to testifying concerning his own property. Furthermore, he may take from their wealth if necessary, rendering him suspect when testifying on their behalf.

Supporting text

Al-Shurayh and Abu Thawr accepted his testimony in their favor if the opposing litigant was someone other than the custodian himself, arguing that since the custodian becomes a foreign party concerning the opponent, his testimony is accepted, similar to the situation after the termination of guardianship (wasiyyah).