Is the testimony of a non-adult (minor) valid?
General Chapter
Al-Mughni
Book of Testimonies
Primary text
The testimony of a non-adult who has not reached maturity is invalid under any circumstance. This view is narrated from Ibn Abbas and is held by Al-Qasim, Salim, Atā', Makhul, Ibn Abi Laila, Al-Awza'i, Al-Thawri, Al-Shafi'i, Ishaq, Abu Ubayd, Abu Thawr, Abu Hanifa, and his companions. The primary evidence for invalidity is derived from the Quranic injunctions requiring righteous (Adl) and trusted witnesses (Quran 2:282, Quran 65:2), as minors are not considered trustworthy or acceptable as witnesses. Furthermore, minors are not held accountable for the sin of falsehood, which undermines confidence in their statements. Finally, those whose confessions (Iqrar) are not accepted against themselves, like the insane, also have their testimony rejected against others.
Supporting text
There is another narration from Ahmad that their testimony is accepted concerning bodily injuries (Jirah) if they testify before separating from the condition under which the injuries occurred; this is the position of Malik. If they separate, it is not accepted due to the possibility of coaching. A third narration from Ahmad permits the testimony of a ten-year-old. Furthermore, it is narrated from Ali, Shurayh, Al-Hasan, and Al-Nakha'i that some minors' testimony is accepted against others among them, evidenced by a ruling of Ali in a drowning case where the compensation was split proportionally among the involved minors.