Is the testimony of a brother for his brother accepted?
General Chapter
Al-Mughni
Book of Testimonies
Primary text
The testimony of a brother for his brother is permissible. This ruling is narrated from Ibn al-Zubayr and is held by Shurayh, Umar ibn Abd al-Aziz, Al-Sha'bi, Al-Nakha'i, Al-Thawri, Malik, Al-Shafi'i, Abu Ubayd, Ishaq, Abu Thawr, and the Companions of the Opinion (Ahl al-Ra'y). The evidence relies upon the generality of the Quranic verses and the fact that the brother is a just person not suspected, thus his testimony is accepted like that of a stranger. The analogy to a parent and child is invalid because the relationship between parent and child involves a stronger degree of co-ownership and kinship than between brothers.
Supporting text
It is reported from Ibn al-Mundhir, citing Al-Thawri, that testimony is not accepted for any close, unmarriageable relative (dhawi rahim mahram). Malik is also reported to reject a brother's testimony for another if the testifier is reliant upon the other for maintenance and kindness, due to suspicion in his case. Ibn al-Mundhir reports Malik stating that a brother's testimony is not valid regarding lineage but is valid concerning financial rights.