Is the testimony of one religious group accepted against another religious group among non-Muslims?
General Chapter
Al-Mughni
Book of Testimonies
Primary text
The testimony of non-Muslims is not accepted regarding any matter involving a Muslim or a non-Muslim, except in the specific case of the traveler's will mentioned previously. Regarding testimony amongst themselves, one view supported by approximately twenty narrators from Ahmad is that the testimony of some non-Muslims against others is not accepted. This position is held by Al-Hasan, Ibn Abi Layla, Al-Awza'i, Malik, Al-Shafi'i, and Abu Thawr. Evidence for non-acceptance includes the command to seek witnesses 'from among you' (Quran 65:2) and the requirement of witnesses 'from your men' (Quran 2:282), as a non-believer is neither just nor among those whom we approve.
Supporting text
A group of scholars holds that the testimony of some non-Muslims against others is accepted, viewing all forms of disbelief (kufr) as one religious community (milla wahida). This means a Jew's testimony is accepted against a Christian, and vice versa. This is the view of Hammad, Suwar, Al-Thawri, Al-Buti, Abu Hanifah, and his companions. Qatadah, Al-Hakam, Abu Ubayd, and Ishaq hold that each religion's testimony is accepted against the other, but a Jew's testimony is not accepted against a Christian, nor vice versa. Evidence cited for acceptance is a narration from Jabir that the Prophet (peace be upon him) accepted the testimony of Ahl al-Dhimma against each other, based on necessity concerning familial matters (wilayah).