Punishment for False Testimony:<\/strong> According to the corpus of traditions false testimony is a Greater sin. It is also mentioned in the narration of Abdul Az\u012bm quoted from Imam Muhammad al-Taqi (a.s.). Similarly the tradition of Fazl Ibn Shaz\u0101n includes it in the list of Greater sins as mentioned by Imam Ri\u010fa (a.s.). That it is a Greater sin is also proved by the hadith of Imam Ja\u2019far as-Sadiq (a.s.) as quoted by Amash. We have already mentioned in the chapter on \u201clying\u201d that falsehood is a Greater sin. False testimony obivously is also a branch of falsehood. In this verse the word \u2018false\u2019 signifies the action of proving a falsehood as though it were the truth. Another verse says, \u201c…therefore avoid the uncleanness of the idols and avoid false words.\u201d (Surah Hajj 22:30) The Holy Prophet (S) says, \u201cTo testify falsely tantamounts to polytheism.\u201d It is mentioned in Tafs\u012br Abdul al-Fath Razi that the Holy Prophet (S) repeated this statement thrice and then quoted the above ayat (Surah Hajj 22:30) \u2018False words\u2019 imply sin and false testimony<\/strong> Punishment of hell for the false witness<\/strong> One should testify only after knowing the facts<\/strong> One who testifies falsely is soon exposed<\/strong> They do not qualify as a witness<\/strong> Compensation for the loss<\/strong> Repentance for the sin<\/strong>
\nIn the tradition narrated by Hazrat Abdul Az\u012bm, Imam (a.s.) has proved the \u2018greatness\u2019 of not giving false testimony on the basis of the following verse of the Holy Qur\u2019an: \u201cAnd they who do not bear witness to what is false….\u201d (Surah al-Furq\u0101n 25:72),\u00a0 \u201c…These shall be regarded with high places…\u201d (Surah al-Furq\u0101n 25:75)<\/p>\n
\nA similar kind of tradition is recorded in Mustadrak ul-Wasa\u2019il, from Imam Muhammad al-Baqir (a.s.).
\n\u201cIn the Qur\u2019an Allah has compared false testimony to polytheism.\u201d
\nAllah (S.w.T.) mentions the avoidance of \u2018uncleanness of the idols\u2019 and \u2018false words\u2019 in a single verse, one after the other.<\/p>\n
\nFrom the traditions quoted above it becomes clear that whenever the term \u2018false words\u2019 etc. occurs in Qur\u2019an it implies \u2018lying.\u2019 Similar verses have been quoted in the chapter of music and songs. Hence some traditions state that \u2018false words\u2019 refers to music or songs. Actually the word \u2018false\u2019 stands for every evil, wrong and undesirable thing. Music, songs and lies head the list of these things.<\/p>\n
\nHazrat Imam Muhammad al-Baqir (a.s.) says,
\n\u201cWhenever a person testifies falsely to usurp the property of a Muslim, Allah writes at that very moment a punishment of the blazing fire for this man.\u201d
\n(al-K\u0101fi)
\nImam Ja\u2019far as-Sadiq (a.s.) says,
\n\u201cThe false witness may not even have moved from his place but that the punishment of fire will have already become incumbent for him.\u201d
\n(al-K\u0101fi)
\nThe Holy Prophet (S) says:
\n\u201cFalse testimony before an oppressive ruler is not yet complete when a place in the fire (Hell) is already decided (for the false witness).\u201d
\n(al-K\u0101fi)
\nThe Messenger of Allah (S) has also said,
\n\u201cOne who testifies falsely against someone will be hung by his tongue with the hypocrites in the lowest portion of Hell.
\nAnd if one usurps the property of his believing brother, Allah does not give an increase in his sustenance till he repents for it.\u201d
\n(Wasa\u2019il ul-Shia)
\nHazrat Imam Muhammad al-Baqir (a.s.) narrates from the Holy Prophet (S) that he said,
\n\u201cOne who hides testimony before a just Islamic judge, or gives a false testimony to shed the blood of Muslims or intends to usurp a Muslim\u2019s property by it, he shall be raised on the Day of the Judgment in such a condition that there will be darkness before his eyes and his face will be scratched. The people shall recognise him by these signs (that he had testified falsely).\u201d
\n(Wasa\u2019il ul-Shia)
\nThe Holy Prophet (S) asked,
\n\u201cShall I inform you about the Greater of the Great sins?\u201d
\nThe companions said, \u201cWhy not, O! Prophet of Allah (S).\u201d The Prophet (S) said,
\n\u201cTo make someone a partner of Allah, and disobedience to parents…\u201d The Prophet (S) was resting his back against the wall. Now he sat up straight and continued in a more serious tone, \u201cAnd beware! (Every) Falsehood!\u201d
\nThe narrators say that the Holy Prophet (S) has denounced falsehood so many times that we wished he had not done so.
\n(Mustadrak ul-Wasa\u2019il)
\nSince we have already explained that \u2018falsehood\u2019 includes every type of lying it also includes false testimony. The Holy Prophet (S) has also described \u2018falsehood\u2019 to be a Greater sin. False testimony is a manifold sin. Firstly because it is a lie which is a greater sin, secondly because it amounts to falsely accusing a Muslim which is also a greater sin and thirdly because it is instrumental in oppressing an innocent person which is still another greater sin. Also, through false testimony a person tries to acquire something which does not rightfully belong to him, thus making unlawful thing lawful, which is prohibited by Allah (S.w.T.). Lastly usurping somebody else\u2019s property is also a greater sin. Thus we can say that many great sins constitute a single sin called, \u2018false testimony\u2019.<\/p>\n
\nIt does not make any difference whether one knowingly gives a false testimony or one testifies without being certain of the facts. Both of these are \u2018Greater sins\u2019. It is Wajib upon the witness not to testify till he is sure of the facts.
\nHazrat Imam Ja\u2019far as-Sadiq (a.s.) says:
\n\u201cDo not testify till you are as certain as you are about the palm (of your hand).\u201d
\n(Wasa\u2019il ul-Shia)
\nSomeone inquired from the Holy Prophet (S) as to when it was allowed to testify as a witness. The Prophet (S) told him:
\n\u201cCan you see the sun?\u201d
\n\u201cYes,\u201d he said.
\n\u201cTestify like it or do not.\u201d (Meaning you should testify only if you are absolutely certain, otherwise you must not do so).
\n(Wasa\u2019il ul-Shia)
\nHazrat Imam Muhammad al-Baqir (a.s.) says,
\n\u201cThe witness should testify only for that about which he is certain. He must fear Allah. To testify without having certainty or to testify against something without being certain is also falsehood. Allah says,
\nRefrain from falsehood! And remain upright for (the sake of) Allah and do not be among the polytheists.
\nSo, Allah has equated false testimony to polytheism.\u201d
\n(Mustadrak ul-Wasa\u2019il)<\/p>\n
\nIf a person testifies in an Islamic court and later regrets for his testimony, then it is first determined whether he had knowingly and intentionally testified wrongly. If it was so, then that person is branded as a transgressor whose testimony is no more valid in the Shari\u2019a Court. But if he had been a victim of doubt and uncertainty he is not disqualified from testifying in the future. However, if due to the wrong testimony someone had to undergo undeserved punishment or suffer harm, it is Wajib for this witness to make up the loss. The details of such laws could be obtained from the books of Jurisprudence.
\nOne of the methods of disproving a testimony is that the witness himself confess it to be false. Another procedure for this is that two just witnesses may testify against him. This is known as \u2018Bayyana\u2019. Finally, the judges may on the basis of some firm evidence falsify the testimony of a witness who had tried to mislead the court. Hence the judge is empowered to reject a witness if he is himself certain. If someone has suffered a loss the judge shall impose on the witness some exemplary punishment of a few lashes so that he may not repeat such a crime in future.
\nThe judge should also announce in the city and the surrounding areas that such and such person is a false witness so that people may not be misled by him and may not rely upon his evidence. In this way, one who testifies falsely becomes notorious for his falsehood in the society, and the wellbeing of society is maintained. Both these actions i.e. exemplary punishments and warning the people against a false witness, are put into effect whether the judge has already passed his judgment (based upon that false testimony) or not.<\/p>\n
\nImam Ja\u2019far as-Sadiq (a.s.) is reported to have said,
\n\u201cThe false witness must be lashed, and the number of lashes is determined by the Imam (or the Islamic judge) and he should be paraded (in the city) till people know him (and may not rely on him in the future).\u201d
\nThe Imam (a.s.) recited the following verse of the Qur\u2019an:
\n\u201c…and do not admit any evidence from them ever; and these it is that are the transgressors, except those who repent after this and act aright, for surely Allah is Forgiving, Merciful.\u201d
\n(Surah an-N\u016br 24:4-5)
\n(It means that after he repents and reforms, his evidence again becomes valid)
\nThe narrator says that he asked Imam (a.s.), \u201cHow do we know that he has repented?\u201d
\nImam (a.s.) replied,
\n\u201cAt the place where he is lashed, he must confess in public that he had given a false testimony. And he must seek the forgiveness of Allah. In this way it could be known that he has repented.\u201d
\n(Wasa\u2019il ul-Shia)<\/p>\n
\nIf, due to a false testimony a Muslim has had to suffer some monetary loss or loss to one\u2019s life or property, the witness has to make good the loss. A narrator by the name of Jamil inquired from Imam Ja\u2019far as-Sadiq (a.s.) regarding the one who has testified falsely. Imam (a.s.) told him:
\n\u201cIf the disputed property is still intact it must be restored to the rightful owner. If it is not then the false witness is responsible to the extent of it\u2019s loss.\u201d
\n(Mas\u0101lik)
\nThis means that if it is not possible to return the property, the false witness will have to reimburse it by providing a thing similar to that property or pay a price for it. Detailed laws are discussed in the books of Islamic Jurisprudence.<\/p>\n
\nThe method of repenting for the sin of giving false testimony has already been explained. The first important requirement is that the sinner must feel a deep remorse for the act committed by him. He must also seek the forgiveness of Allah (S.w.T.) for disobeying His command; and compensate the Musilm who suffered the loss. As Allah (S.w.T.) Himself says,
\n\u201c\u2026except those who repent after this and act aright, for surely Allah is Forgiving, Merciful.\u201d
\n(Surah an-N\u016br 24:4-5)<\/p>\n