had drowned him. He imposed three-fifths of the blood money (diyah) upon the two, and two-fifths upon the three (12). Masruq ruled in a similar fashion. The established school of thought (madhhab) is that their testimony is not accepted in any matter, based on the statement of Allah the Almighty: "And bring to witness two witnesses from among your men" (13). He also said: "And bring to witness two just men from among you" (14). And He said: "from among those whom you approve as witnesses" (13). A child is not among those who are approved. Furthermore, He said: "And do not conceal testimony, for whoever conceals it, his heart is indeed sinful" (15). He informed us that a witness who conceals his testimony is sinful, while a child does not incur sin, which indicates that he is not considered a witness. Furthermore, because a child does not fear the sin of lying, which would restrain him and prevent him from it, no trust is placed in his word. Also, whoever's admission is not accepted against himself in a confession cannot have his testimony accepted against another, such as one who is insane. This is confirmed by the fact that confession is broader, as it is accepted from a disbeliever, a transgressor (fasiq), and a woman, whereas testimony is not valid from them. Moreover, whoever’s testimony is not accepted in financial matters is not accepted in cases of wounds, such as a transgressor; and whoever’s testimony is not accepted against someone who is not his equal, is not accepted against his equal, like the insane person.

The fourth condition is probity (adalah), based on the statement of Allah the Almighty: "And bring to witness two just men from among you." Thus, the testimony of a transgressor (fasiq) is not accepted for that reason, and also due to the statement of Allah the Almighty: "If a transgressor comes to you with information, then verify it" (16). He commanded us to pause regarding the information provided by a transgressor, and testimony is a form of information, so it is necessary to pause regarding it. It has been narrated from the Prophet, peace and blessings of Allah be upon him, that he said: "The testimony of a treacherous man or a treacherous woman is not permissible, nor is the testimony of one who has been punished for a hadd offense in Islam, nor that of one who harbors hatred (ghimr) (18) against his brother." Reported by Abu 'Ubayd (19). Abu 'Ubayd did not interpret the treacherous man and treacherous woman as being limited to