The reasons for the spread and permissibility of false testimony and how to finally address this problem, the subject of false testimony did not receive sufficient talk and attention, so we talked about the reasons for the spread and permissibility of false testimony and how to deal with this problem permanently in this article, in our belief in the importance of combating false testimony and we must have We address it.
False testimony in Islam:
False testimony is telling lies and falsehood, which is refraining from telling the truth and admitting something that is not true. Testimony of truth is a duty for Muslims. God said in the Holy Qur’an that a false witness who commits sin is great. False testimony on an issue is concealing the truth and saying a delusion.
On the authority of Anas bin Malik, may God be pleased with him, the Messenger of God, may God bless him and grant him peace, said major sins, or was he asked about major sins? He said: polytheism with God, killing oneself, and disobeying parents. He said: Should I not inform you of the greatest sins? He said: false testimony, or false testimony. [agreed].
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Reasons for the spread of false testimony: –
False testimony has several reasons, such as wanting to support the witness, whether because he is a relative or friend, or advocating for him in exchange for money or hypocrisy in exchange for obtaining personal interests from the person being witnessed, or the purpose of false testimony may be to harm the witness.
False testimony is a major sin, and the noble Prophet Muhammad, may God’s prayers and peace be upon him, forbade it, and as we have previously mentioned that false testimony is hypocrisy, sin and delusion. Whoever witnesses false testimony has written on himself delusion in this world and torment on the Day of Resurrection.
Permissibility of false testimony in society: –
All the purposes of Islamic law are to achieve peace and justice, and everything that came forbidden was in the interest of the nation, so false testimony is forbidden. False testimony prevents justice, spreads injustice and raises enmity among people.
People became permissible for false testimony because society lost the original customs and noble qualities due to the large number of sins, the individual in society sought to achieve his own interest and did not take into account the interests of others or their rights, justice became a mere slogan, the individual lost the meanings of justice and sincerity because of the distance from religion.
The implications of false testimony:
Perjury does not go unnoticed, rather it leaves behind many harmful effects, such as:
- Misleading justice, misleading rulers about the truth, and reluctance to achieve justice.
- False testimony causes injustice to the witness.
- False testimony results in loss of rights and an absence of trust among people.
- One of the implications of false testimony is that it robs the witness of his right, and gives the person who was false testimony a right that he does not have.
- False testimony is a violation of rights and wrongful consumption of individuals’ money in society.
- False testimony is a cause of chaos and randomness in society.
- Perjury causes more crimes to be committed; Because the criminal, the thief and the murderer see that his ideals do not receive punishment and that false testimony spares the guilty.
- A false witness is a person with no morals, lacking masculinity and chivalry, a person betraying trust and honesty.
- False testimony, if it prevails, the settled result is the destruction of society.
How to prove false testimony: –
A majority of jurists said that the proof of false testimony is by confession, since it is a serious crime, and if the guilty affirms it, this evidence is because there is no person who admits to himself such a thing wrongly, the confession is the definitive evidence of false testimony and that the person is a false witness.
The jurists said that false testimony is not recognized and proven with evidence. Whereas, if the witness testifies against him and another evidence is proven to prove false testimony, if the person testifies that he was in Egypt and the evidence proves that he was at this time in another country, false testimony is proven.
And if false testimony is not proven, then we must wait and re-search. God – may He be glorified and exalted – said: “You have no misfortune with regard to what you have sinned, but what your hearts are baptized : Al-Ahzab.
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How to permanently handle the problem of perjury: –
For the final treatment of perjury, the following must be followed:
- Re-education of sublime values in schools, universities and places of worship.
- We have to spread the values that say that lying is forbidden, and that liar is punished with great punishment, through the media.
- The father and the mother must know the children that there are major sins that cannot be approached.
- We must punish the false witness so that it is a lesson, and no one thinks about false witness, and so that the false witness is afraid of repeating his act and is afraid of inciting people to lie.
- We have to set specific penalties, and determine the punishment by imprisonment or confiscation of the money and property of a false witness because his money falls under the suspicion of forbidden, so that he is deterred from doing this.
- To eliminate perjury, we must cooperate and join hands.
Ruling on false testimony:
There was no specific punishment specifically designed for perjury, so the jurists and scholars differed among themselves about the punishment that the false witness deserves. Some jurists elaborated the details of the punishment and how to implement it, while some were satisfied with setting their opinion.
There is no disagreement among the jurists that the false witness deserves punishment, if it is proven that a man witnessed a fraud deliberately intentional, then the ruler or judge must rule with his izar, this was narrated on the authority of Umar – may God be pleased with him – and in it Shurayh said, and Salam bin Abdullah, Al-Ouzai, and Ibn Abi Layla.
The difference of jurists regarding the ruling on false testimony: –
Through our search for the reasons for the spread and permissibility of false testimony and how to finally address this problem, we found that the jurists did not disagree about the necessity of discrediting a false witness, but they differed in how to discredit a false witness, as the Shafi’i school said with Hanbalis with some Malikite supporters that the punishment of a false witness is due to the opinion of the ruler, whether discretionary With flogging, he flogged him, or the ruler imprisoned him or ruled insulting and rebuking him
The Shafi’i school of thought leaned on the fact that torture by reinforcement does not go beyond forty lashes, and Abu Yusuf, Muhammad, Zafar from the Hanafi school, Ishaq and Abu Thor said that false testimony would be punished in front of everyone, so that it would be a sermon for jealousy.
The Messenger of God, may God’s prayers and peace be upon him, said: “I am a human being, and you are litigating with me, and perhaps some of you may have composed for his argument from some, so I make up for him according to what I hear. For whoever I have made of his brother’s right does not take it, but I cut a piece of it for him. fire)).
False testimony in the Qur’an: –
Ali, may God be pleased with him, said to a woman against whom a man had established evidence that he had married her, and she denied, so Ali – may God be pleased with him – ruled for him and said to him: Why did you marry me? As for you and you have spent on me, then renew my marriage, and he said: I do not renew your marriage, the two witnesses have married you. If the marriage between them did not take place in the name of the judge, he would not have refused to renew the contract upon her request.
The Noble Qur’an rejected all acts that threaten the skin, false testimony spreads injustice, and false testimony in the Holy Qur’an is not just a sin, but is one of the major sins for which it is not only permissible to apologize, but repentance and repentance of grievances must be returned to its people.
If it is proven that there is a false witness who caused the imprisonment of one of them, then the prison sentence is invalid, and the witness against him must be released, and the judgment of the witness and the witnesses, if any, must be rejected, whether money, guarantee, right, or reputation.
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In concluding the topic of the causes of the spread and permissibility of false testimony, and how to finally address this problem, we will have finished the article, leaving only your comments on the topic and sharing the article on all pages to eliminate false testimony.