from among those whom you accept; and because his testimony is not accepted against those outside his own faith, it is not accepted against those of his own faith, like the belligerent non-Muslim (harbi). The report is narrated by Mujalid, who is weak. If it were established, it would be possible that it refers to an oath, for it is called testimony. God the Exalted said regarding the Lian (imprecation): {And the testimony of one of them shall be four testimonies by God that he is of the truthful ones} (7). As for guardianship, its basis is kinship and compassion, and their kinship is established, and their compassion is like the compassion of Muslims. It is permitted due to necessity, for those outside their faith do not have authority over them, and it is difficult for a ruler to do so due to their large numbers, unlike testimony, which is possible to obtain from Muslims. It has been narrated from Mu'adh that the Prophet (peace and blessings of God be upon him) would not accept the testimony of any creed except the Muslims (8); for they are just towards themselves and towards others.

1893 - Issue: He said: (And the testimony of an adversary is not accepted, nor of one who draws benefit to himself, nor of one who defends himself.)

As for the adversary, he is of two types: One is everyone who litigates regarding a right; his testimony is not accepted concerning it, such as an agent, whose testimony is not accepted regarding what he is an agent for, nor a testament-executor (wasi) regarding what he is an executor for (1), nor a partner regarding what he is a partner in, nor a speculator (mudarib) with capital or a right for the speculation. If a deposit was usurped (2) from the depository, and he demanded it, his testimony regarding it is not (3) accepted, and the same applies to what is similar to this; because he is an adversary regarding it, so his testimony regarding it is not accepted, just like the owner. The second is the enemy, so his testimony is not accepted against his enemy, according to the opinion of most scholars. This was narrated from Rabi'ah, al-Thawri, Ishaq, Malik, and al-Shafi'i. What is meant by enmity here is worldly enmity, such as the one who was falsely accused of adultery (maqdhuf) testifying against the one who accused him (qadhif),