Fiqh - False Testimony

Islam has come with the establishment of justice and prevention of
injustice as one of its most manifest goals. Justice isthe purpose for
which Prophet Muhammadand all other Messengers, may Allaah exalt their
mention, were sent.Allaah Says )what means(:"We have already sent Our
messengers with clear evidences and Sent down with them the Scripture
and the balance that the people may maintain ]their affairs[ in
Justice…"]Quran 25:57[
This justice touches all aspects of human life and includes the rights
of the Creator and the creatures. Allaah Almighty Says)what
means(:"Indeed, Allaah orders justice and good conduct and giving to
relatives ..."]Quran 16:90[
Only Islam guarantees the means that lead to the actualization of
justice and its consolidation. One of the means of establishing
justice is giving testimony and knowing its importance. Testimony is
the criterion with which we distinguish between truth and falsehood,
and true claims and false ones. Someone said, "Testimony to people's
rights is like the soul to the body,for as Allaah enlivens bodies
withsouls, He also enlivens rights withtruthful testimony. It is
essential in establishing a sound social life and all that has to do
with it.
Shurayh, a prominent Muslim judgesaid, "Judgment is a disease while
testimony is a cure.So use the cure for the disease."
Giving testimony its due is an obligatory duty. Allaah Says
)whatmeans(:"…And establish the testimony for ]the acceptance of[
Allaah…"]Quran 65:2[
Those who stand firm in their testimonies are among the people of
righteousness and faith. Among the necessities of faith is giving
truthful testimony even if against oneself or a relative. Allaah Says
)what means(:"Oyou who have believed, be persistently standingfirm
injustice, witnesses for Allaah, even if it be against yourselves or
parents and relatives..."]Quran 4:135[
Establishing testimony includes giving witness in making contracts and
giving it in front of judges. Muslim scholars said,"Whoever is called
to be a witnessover a contract or undertaking - and there is no one
besides him qualified to do that - it is compulsory on him to be a
witness over the transaction. If, however, there are other qualified
persons to do that, it becomes a recommended act andcollective
obligation."
As regards giving testimony, the scholars said, "Giving testimony is a
collective obligation whereby if it is carried out by a sufficient
number of people, the whole community is absolved of the obligation.
But if no one does it, the whole community is blameworthy. If there
are no other witnesses that would enable justice to be done and there
is a fear that someone's right may be lost, it then becomes the
individual responsibility of the few availablewitnesses to
testify".Allaah Says)what means(:"…And let not the witnesses refuse
when they are called upon..."]Quran 2:282[
Islam not only enjoins giving testimony, it also forbids concealing it
because concealing evidence is something that is disapproved of
Islamically and detested by nature. Allaah Says)what means(:"…And do
not conceal testimony, for whoever conceals it-his heart is indeed
sinful..."]Quran, 2:283[
Some scholars said: "Allaah has not threatened )His slaves( on
anything as much as He has threatened them over the concealment of
evidence.
Concealing evidence is a great sin.Allaah Says )what means(:"…And we
will not withhold the testimony of ]i.e. ordained by[ Allaah. Indeed,
we would then beof the sinful."]Quran 5:106[
Ibn Abbaassaid, "Giving false testimony and concealing testimony is
one of the major sins."
Since all these facts have been made clear, it then becomes necessary
to know thatSharee'ah)Islamic Law( has surrounded testimony with
hedges that will enable it to serve its purposes and prevent it from
deviating towards what negates its goals. That is why the basic
principle inSharee'ahis that one's testimony must be based on
knowledge, clarity and trust. Allaah Says)what means(:"…But only those
who testify to the truth ]can benefit[, and they know."]Quran 43:86[
Allaah also Says, while referring to the sayings of Prophet Yoosuf's
)Joseph's( brothers,)what means(:"…And we did not testify except to
what we knew."]Quran 12:81[
The scholars said, "Generally speaking, when regarding a matter that
can be seen, like murder, stealing, or fornication, only eye-witness
accounts are suitable )acceptable( as testimony, and if the matter is
one that can be heard like marriage and business contracts, divorce,
etc., acceptable testimony should be based on hearing".
To give testimony on a matter wherein one has no knowledge, or to
purposely testify with the opposite of what we know to be the truth is
regarded as a great sin. False testimony is one that is baseless
whatever the reason may be.Ibn Hajarsaid,"False information is to
describe something in contrary to its actual
form."Somescholarssaid,"Falsehood is something that is outwardly
adjusted and beautified so that it may be thought to be truth."
Allaah Says )what means(:" …Andavoid false statement."]Quran 22:30[
At-Tirmithiand others reported that the Prophetdelivered a sermon one
day and said,"O you people! Giving false testimony is equal to
ascribing partners to Allaah."He then recited,"So avoid the
uncleanliness of idols and avoid false statement."]Quran 22:30[
Al-BukhaariandMuslimreported that the Prophetsaid,"Should I inform you
about the greatest of the great sins?"They )the present companions(
said, "Yes, O Allaah's Messenger!" He said,"To join others in worship
with Allaah and to be undutiful to one's parents."The Prophetthen sat
up after he had been reclining )on a pillow( and said,"And I warn you
againstgiving a lying speech )false statement(."He kept saying that
warning, till we )listeners( thought he would not stop".
Giving false testimony has many evils for it supports falsehood
against truth and gives backing to injustice and aggression against
justice. It also effaces fairness and equity and poses danger to
public safety and security.
Therefore, we, Muslims, should take to the path of pious believers
about whom Allaah Says)what means(:"And ]they are[ those who do not
testify to falsehood, and when they pass near ill speech, they pass by
with dignity."]Quran 25:72[
Islamic Law strongly seeks to establish principles of brotherhood and
mutual love in the Muslim society and remove causes of dissension from
amongMuslims. That is why it promulgates the policy of authentication
and keeping records of contracts in order to protect people's rights
and valuables and eliminate corruption and contentions. One of the
methods of authenticationis testimony. Allaah Says regarding business
transactions)what means(:"And take witnesses when you conclude a
contract."]Quran 2:282[
He, the Almighty, also Says regarding revocation of contracts:"And
bring to witness two just men from among you and establish the
testimony for]the acceptance of[ Allaah."]Quran65:2[
Concerning handing over properties and trusts, Allaah Almighty Says
)what means(:"Then when you release their property to them, bring
witnesses upon them. And sufficient is Allaah as Accountant."]Quran,
4:6[
So, we, as Muslims, have to obey the injunctions of our Lord and
adhere to His way in order to succeed and have prosperity in this
world and the next.