بسم الله والحمد لله والصلاة والسلام على رسول الله ، وبعد
A plaintiff (complainant) can bring a case against a person in court and sue him or accuse him for various reasons. These accusations are broadly divided into two categories:
PART 1: DEFINITION
👉 Accusations: Two
types:
1. True accusations:
When a person seeks his rights, or where a person feels that he was oppressed or wronged, or when he fights for the cause of others.
2. False accusations:
There are many reasons for false accusations:
a. A person had a misunderstanding and thought that he was wronged;
b. A person feels that he was oppressed; but in reality he is
the oppressor;
c. When he wants to acquire someone, or something, or someone’s
wealth unjustly;
d. He gives a false statement to trouble the ones whom he dislikes;
e. He gives a false testimony to unjustly avenge from the
people who are against him, even though they were on truth;
f. He gives a false testimony to save himself, his friends, or
family;
g. He give a false testimony to have an unjust advantage
over someone;
i. To cover his mistakes he gives a false statement so that
someone innocent is blamed for it;
j. False witnesses and evidence are presented in the court
to prolong the case, stir confusion, and distract from the real issue.
False Testimonies:
a. It is when a person testifies knowing fully well that the
matter is the other way round;
b. Or he testifies not knowing whether it is the truth that
he is saying or falsehood;
c. Or he testifies knowing that his words are true, but he also
knows that he is being deceptive in the way he is conveying it.
d. Or he says a partial truth, he says the truth which his
for him and hides the truth which is against him. All these four situations are
Haraam (forbidden), it is not permissible for a person to testify except when
he knows the truth and conveys the truth with truth.
👉 Giving false statements
is one of the biggest of the major sins, second only to Shirk:
فَاجْتَنِبُوا الرِّجْسَ مِنَ الْأَوْثَانِ وَاجْتَنِبُوا
قَوْلَ الزُّورِ
{So, shun the abomination (worshiping) of idols, and shun
lying speech (false statements)}
📚 [Surah al-Hajj (22): 30]
Narrated Abu Bakrah رضي الله عنه: Allaah’s Messenger ﷺ said thrice: ❝Shall
I not inform you of the biggest of the major sins?❞
We said: “Yes, O Allaah’s Messenger ﷺ!” He ﷺ said: ❝To
join partners in worship with Allaah, to be undutiful to one’s parents.❞ The Prophet ﷺ sat up after he had been reclining and
added: ❝And I warn you against giving forged statement and false testimony;
I warn you against giving forged statement and false testimony.❞ The Prophet ﷺ kept
on saying that warning till we thought that he would not stop.
📚 [Saheeh al-Bukhaaree
(2653, 2654, 5976, 5977, 6274, 6871, 6919) and Saheeh Muslim (87, 88)]
The severity giving false statements and testimonies can be
analyzed by the fact that Allaah تعالى warned against
Shirk, and right after it He تعالى warned against giving false statements. Furthermore, the
Prophet ﷺ
also warned against Shirk and about giving false testimonies in the same
statement. He ﷺ
was reclining and he sat up and kept warning and warning, till the companions
thought that he ﷺ
would not stop. As Shirk is the worst sin one can do against the Creator, similarly,
telling lies and giving false testimonies are the worst sin against the
creation. Because of false evidence and testimonies, many have been unjustly put
behind bars, their wealth usurped, their lives destroyed, and their families
ruined.
👉 Many people speak
without giving importance to what they are saying:
Abu Hurairah رضي الله عنه reported: The Prophet ﷺ said: ❝A man may utter a word which pleases Allaah without
giving it much importance, and because of that Allaah exalts his ranks (in
Jannah), and a person may utter a word (carelessly) which displeases Allaah
without thinking of its gravity and because of that he will be thrown into the
Hell-Fire.❞
📚 [Saheeh al-Bukhaaree
(6477, 6478) and Saheeh Muslim (2988)]
A plaintiff may utter a single false statement without
giving much importance to the gravity of the sin, whereas in some cases it is
almost impossible for the defendant to defend himself. One example is the
incident from the life of Yusuf عليه اسلام.
👉 The wife of `Azeez
falsely accusing Yusuf عليه السلام:
The wife of `Azeez tried to seduce Yusuf عليه السلام and
betray her husband, but when she was caught, she put the blame on Yusuf عليه السلام.
وَلَقَدْ هَمَّتْ بِهِ ۖ وَهَمَّ بِهَا لَوْلَا أَن
رَّأَىٰ بُرْهَانَ رَبِّهِ ۚ كَذَٰلِكَ لِنَصْرِفَ عَنْهُ السُّوءَ وَالْفَحْشَاءَ
ۚ إِنَّهُ مِنْ عِبَادِنَا الْمُخْلَصِينَ * وَاسْتَبَقَا الْبَابَ وَقَدَّتْ قَمِيصَهُ مِن دُبُرٍ
وَأَلْفَيَا سَيِّدَهَا لَدَى الْبَابِ ۚ قَالَتْ مَا جَزَاءُ مَنْ أَرَادَ
بِأَهْلِكَ سُوءًا إِلَّا أَن يُسْجَنَ أَوْ عَذَابٌ أَلِيمٌ
{And she certainly determined
[to seduce] him, and he would have inclined to her had he not seen the proof of
his Lord. And thus [it was] that We should avert from him evil and immorality.
Indeed, he was of Our chosen servants. And they both raced to the door, and she
tore his shirt from the back, and they found her husband at the door. She said:
“What is the recompense of one who intended evil for your wife but that he be
imprisoned or a painful punishment?”}
📚 [Surah Yusuf (12):
24-25]
👉 To speak the truth,
even if it is against oneself or near relatives:
وَإِذَا قُلْتُمْ فَاعْدِلُوا وَلَوْ كَانَ ذَا قُرْبَىٰ
{And when you testify, be just, even if (it goes against)
a near relative.}
📚 [Surah al-An`aam (6):
152]
👉 Substantial
evidence:
It is a natural inclination that the husband will side with
his wife. So, when Yusuf عليه السلام
tried to defend himself, it was futile, but a relative of the woman testified
against her and provided evidence which could not be refuted. That person spoke
the truth and was just even though Yusuf عليه السلام was
a stranger to him (or her), while the woman was a relative.
قَالَ هِيَ رَاوَدَتْنِي عَن نَّفْسِي ۚ وَشَهِدَ شَاهِدٌ
مِّنْ أَهْلِهَا إِن كَانَ قَمِيصُهُ قُدَّ مِن قُبُلٍ فَصَدَقَتْ وَهُوَ مِنَ
الْكَاذِبِينَ * وَإِن كَانَ قَمِيصُهُ قُدَّ مِن دُبُرٍ فَكَذَبَتْ وَهُوَ مِنَ
الصَّادِقِينَ
{[Yusuf عليه السلام]
said: “It was she who sought to seduce me.” And a witness from her family
testified. “If his shirt is torn from the front, then she has told the truth,
and he is of the liars. But if his shirt is torn from the back, then she has
lied, and he is of the truthful.”}
📚 [Surah Yusuf (12): 26-27]
👉 Speak the truth even
if it is in favor of the enemy, justice is more important than personal grudge:
يَا أَيُّهَا الَّذِينَ آمَنُوا كُونُوا قَوَّامِينَ
لِلَّهِ شُهَدَاءَ بِالْقِسْطِ ۖ وَلَا يَجْرِمَنَّكُمْ شَنَآنُ قَوْمٍ عَلَىٰ
أَلَّا تَعْدِلُوا ۚ اعْدِلُوا هُوَ أَقْرَبُ لِلتَّقْوَىٰ ۖ وَاتَّقُوا اللَّهَ ۚ
إِنَّ اللَّهَ خَبِيرٌ بِمَا تَعْمَلُونَ
{O you who have believed, be persistently standing firm
for Allaah, witnesses in justice, and do not let the hatred of a people prevent
you from being just. Be just; that is nearer to righteousness. And fear Allaah;
indeed, Allaah is acquainted with what you do.}
📚 [Surah al-Maaidah (5):8]
👉 One of the
characteristics of a Believer which Allaah تعالى mentioned in the Qur’aan is:
وَالَّذِينَ لَا يَشْهَدُونَ الزُّورَ وَإِذَا مَرُّوا
بِاللَّغْوِ مَرُّوا كِرَامًا
{And [they are] those who do not testify to falsehood,
and when they pass near ill speech, they pass by with dignity.}
📚 [Surah al-Furqaan (25):
72]
👉 Among the worst
liars are the women against their husbands and their exes, and they can be really
deceptive, depriving the wisest of men of their intelligence:
Narrated Ibn `Abbaas رضي الله عنهما: The Prophet ﷺ said: ❝I
was shown the Hell-fire and that the majority of its dwellers were women who
were ungrateful.❞ It was asked: “Do they disbelieve in Allaah?” (Or
are they ungrateful to Allaah?) He ﷺ replied: ❝They
are ungrateful to their husbands and are ungrateful for the favors and the good
(charitable deeds) done to them. If you have always been good (benevolent) to
one of them and then she sees something in you (not of her liking), she will
say: “I have never received any good from you.”❞
📚 [Saheeh al-Bukhaaree (29,
1052, 5197) and Saheeh Muslim (907)]
Ibn `Umar رضي الله عنه
said: The Prophet ﷺ
said: ❝O women folk! You should give charity and be diligent in
seeking Allaah’s forgiveness because I have seen (i.e., on the Night of the
Ascension to the highest heavens) that the majority of the dwellers of the Hell
are women.❞ A woman amongst them said: “Why is it that the
majority of the dwellers of Hell are women?” The Prophet ﷺ replied: ❝You
(women) curse frequently and are ungrateful to your husbands. In spite of your
lacking in wisdom and failing in religion, you are capable of depriving the
wisest of men of their intelligence.❞ Upon
this the woman asked: “What is the deficiency in our wisdom and in our
religion?” He ﷺ
replied: ❝Your lack of wisdom can
be well judged from the fact that the evidence of two women is equal to that
one man. and you spend some nights (and days) in which you do not offer the
Salaah (prayer) and in the month of Ramadan (during some days) you do not
observe Fast, that is a deficiency in religion.❞
[Saheeh al-Bukhaaree from the Hadeeth of Abu Sa`eed
al-Khudree رضي الله عنه (1462) and Saheeh Muslim (79) and the wording is his]
PART 2: METHODS
USED
👉 Spreading everything
one hears without verifying:
Allaah تعالى says:
يَا أَيُّهَا الَّذِينَ آمَنُوا إِن جَاءَكُمْ فَاسِقٌ
بِنَبَإٍ فَتَبَيَّنُوا أَن تُصِيبُوا قَوْمًا بِجَهَالَةٍ فَتُصْبِحُوا عَلَىٰ
مَا فَعَلْتُمْ نَادِمِينَ
{O you who believe! If a rebellious evil person comes to
you with a news, verify it, lest you harm people in ignorance, and afterwards
you become regretful to what you have done.}
📚 [Surah al-Hujuraat
(49):6]
Abu Hurairah رضي الله عنه reported: The Prophet ﷺ said: ❝It is enough to consider a person to have lied who
narrates everything he hears.❞
📚 [Saheeh Muslim (5)]
Abu Hurairah رضي الله عنه reported: The Prophet ﷺ said: ❝It is sufficient sin for a man that he narrates
everything that he hears.❞
📚 [Sunan Abu Dawood
(4992) and graded as “Saheeh” by Shaikh al-Albaanee]
The incident of Ikf (the slandering of Umm al-Mumineen, `Aaishah
رضي الله عنها)
is one example. People spread rumors about her and accused her of something she
was free of. The gossipmongers did not stop even though they knew that this
false accusation was hurting the Prophet ﷺ.
👉 Mixing truth with falsehood,
or concealing the truth:
A witness may
conceal the truth which works in the favor of the plaintiff and harms the
defendant. Other times a witness may mix the truth with falsehood. Out of ten
statements, he might speak nine true statements, but knowingly adds one false
statement against the defendant, and this one false statement can be a decisive
blow and seal the case against the defendant. As Allaah تعالى says:
وَلَا تَلْبِسُوا الْحَقَّ بِالْبَاطِلِ وَتَكْتُمُوا
الْحَقَّ وَأَنتُمْ تَعْلَمُونَ
{And do not mix the truth with falsehood, nor conceal the
truth while you know (it)}
📚 [Surah al-Baqarah (2):
42]
👉 Speaking the truth in
a deceptive manner:
Sometimes a person speaks in such a way, citing references, providing
evidence, but he is misusing the truth to establish falsehood. This happened
with `Alee, Ibn `Abbaas and many other Companions رضي الله عنه where the Khawaarij
argued with them using the Aayaat (verses) from the Qur’aan. In one incident, a
Khawaarij said to `Alee رضي الله عنه
that the Judgment only belongs to Allaah, and he cited an Aayah from the Qur’aan.
So, `Alee رضي الله عنه
replied to him, saying:
❞ كَلِمَةُ
حَقٍّ أُرِيدَ بِهَا بَاطِلٌ ❝
❝The
statement is true but it is intentionally applied (to support) a wrong (cause).❞
📚 [Saheeh Muslim (1066)]
In the court, a plaintiff may provide evidence in the court saying
that the defendant said such-and-such. The wordings might be true but that might
not have been the intention of the defendant when he said that. A defendant
might have said that statement with a certain perspective, whereas the
plaintiff presents it in the court in a way that the defendant had not
intended.
Example: the plaintiff says in the court that the defendant
had said: “kill them all!”, but he does not say to the judge that the defendant
was only reading from a book. So, the statement might be true, but the
defendant never intended that way.
👉 Misleading a judge through
eloquence and deceptive statements:
The wife of the Prophet ﷺ, Umm Salamah رضي الله عنها, narrated: Allaah’s
Messenger ﷺ
heard some people quarreling at the door of his dwelling, so he went out to
them and said: ❝I am only a human being, and litigants with cases of
disputes come to me, and someone of you may happen to be more eloquent (in
presenting his case) than the other, whereby I may consider that he is truthful
and pass a judgment in his favor. If ever I pass a judgment in favor of someone
through which he takes a Muslim’s right unjustly, then whatever he takes is
nothing but a piece of Fire, and it is up to him to take or leave.❞
📚 [Saheeh al-Bukhaaree
(2458, 7181, 7184) and Saheeh Muslim (1713 - 5)]
In another narration, Umm Salamah رضي الله عنها narrated: Once Allaah’s
Messenger ﷺ
said: ❝You people present your cases to me and some of you may
be more eloquent and persuasive in presenting their argument. So, if I give
someone’s right to another (wrongly) because of the latter’s (tricky)
presentation of the case, I am really giving him a piece of fire. So, he should
not take it.❞
📚 [Saheeh al-Bukhaaree
(2680, 6967, 7168) and Saheeh Muslim (1713 - 4)]
PART 3: THE
VICTIMS OF FALSE TESTIMONIES HAVE BEEN MANY
The Prophets and Messengers عليهم السلام, the Companions رضي الله عنهم, and many scholars
have been victims of false testimonies and statements or have been falsely
accused. Yusuf عليه السلام,
Imaam Ahmad and Ibn Taymiyaah رحمهم الله were imprisoned falsely.
👉 Fear the
supplications of those whom you have wronged and accused falsely:
Narrated Jaabir bin Samurah: The People of Koofaa complained
against Sa`d to `Umar and the `Umar dismissed him and appointed `Ammaar as
their chief. They lodged many complaints against Sa`d and even they alleged
that he did not pray properly. `Umar sent for him and said: “O Abaa Is-haaq!
These people claim that you do not pray properly.” Sa`d said: "By Allaah,
I used to pray with them a prayer similar to that of Allaah's Messenger ﷺ and I never reduced
anything of it. I used to prolong the first two Rak`aat of `Ishaa prayer and
shorten the last two Rak`aat.” `Umar said: “O Abaa Is-haaq, this was what I
thought about you.” And then he sent one or more persons with him to Koofaa so
as to ask the people about him. So, they went there and did not leave any
Masjid without asking about him. All the people praised him till they came to
the Masjid of the tribe of Banee `Abs; one of the men called Usama bin Qataadah
with a surname of Aba Sa`da stood up and said: “As you have put us under an
oath; I am bound to tell you that Sa`d never went himself with the army and
never distributed (the war booty) equally and never did justice in legal
verdicts.” (On hearing it) Sa`d said: "I pray to Allaah for three things:
O Allaah! If this slave of yours is a liar and got up for showing off, give him
a long life, increase his poverty and put him to trials.” (And so, it
happened). Later, when that person was asked how he was, he used to reply that
he was an old man in trial as the result of Sa`d's curse. `Abdul Malik, the sub
narrator, said that he had seen him afterwards and his eyebrows were
overhanging his eyes owing to old age, and he used to tease and hit the small
girls in the way.
📚[Saheeh al-Bukhaaree
(755)]
`Urwah Ibn al-Zubair رضي الله عنهما reported: Arwa bint
Aus brought a suit against Sa`eed Ibn Zaid Ibn `Amr Ibn Nufail رضي الله عنه. She complained to
Marwaan Ibn al-Hakam that he (Sa`eed) had wrongfully taken possession of a
portion of her land. Sa`eed said: “How can I take a portion out of her land
while I have heard a denunciation from the Messenger of Allaah ﷺ.” Marwaan asked him:
“What did you hear from the Messenger of Allaah?” He said: “I heard the
Messenger of Allaah ﷺ
saying: ❝He who
takes a span of land unjustly will be made to wear seven earths round his neck
on the Day of Resurrection.❞” Marwaan said to him: “I don't seek any more proof from
you after this.” Sa`eed
supplicated: “O Allaah! If
she is a liar, deprive her of her eye sight and cause her to die in her land.” `Urwah said: “She did not die till she became
blind. While she was walking in her land (concerning which the dispute arose)
she fell down into a pit and died.”
📚[Saheeh Muslim (1610).
In another narration of Saheeh Muslim, Muhammad Ibn Zaid Ibn `Abdullah Ibn
`Umar said that he had seen Arwa blind, feeling for on the walls with her hand
and saying: “I am ruined by the curse of Sa`eed.” Later she fell in a well in
the same disputed land and died.]
PART 4: FALSE
TESTIMONIES HAVE BECOME WIDESPREAD
👉 Shaikh Ibn
al-`Uthaymeen رحمه الله:
He ﷺ
was reclining but sat up and said: ❝...and telling lies and giving
false testimony.❞ This is also one of the major sins, so the Prophet
ﷺ
sat up because its implication is great, and its consequence is evil.
Giving false testimony has become commonplace among people today.
The witness thinks he is being good to the one he is supporting, but he has
harmed himself, the one he is supporting, and his opponent. As for his harming
his soul, this is because he has committed one of the major sins, and we seek
Allaah’s refuge is; rather, one of the greatest sins. He harms the one whom he
supports because he authorized for him what he is not entitled to and makes him
benefit from falsehood. As for his harming his opponent, this is clear as he
has victimized and oppressed him. Hence, giving false testimony is one of the
major sins, and refuge is with Allaah.
So, do not think you are kind to someone when you bear false
witness to aid him. By Allaah, you are harming him. Unfortunately, many people
now testify in the law court in cases that a particular person is entitled to,
and they deceive the judge using false identities. All these are in order to
acquire some of the glitters of this world, but they lose the world and the Hereafter
with this lie, and we seek Allaah’s refuge.
📚 [Sharh Riyaadh
al-Saaliheen (3/207)]
No comments:
Post a Comment