the islamic court
In Islamic law witnesses are either four, two or one in varying combinations of male and female. One male witness equals two female witnesses but in feminine cases where females are more privileged to the knowledge of, then only women witnesses are accepted This is also an indication of segregated construct. This varying numbers depend on the domain of legal issue and the standard of proof required. Four witnesses demand that a very high level of credibility is established while one meaning a lesser standard of credibility. A witness must be just, adult and sane. Another condition is that he or she must be a Muslim if the case is Muslim vs Muslim, or else other than that if the issue is not limited to only Muslim but also transgresses to non-Muslims then only the conditions of justness, sanity and adulthood remains. General justness is repealed by immoral acts. Immoral acts are two types: faith based immoral acts and non-faith based. Faith based immoral acts are only for Muslims such as someone who does not pray, or does not fast etc., whereas, non-faith based immoral acts are drinking alcohol, smoking tobacco, committing adultery, ill tempered, attitude problem etc. Also, all those witnesses even if they are just, sane and adult are rejected where relationship or vested interest will deter truth. Such as an enemy cannot be a witness against an enemy, or a son for a father or father for a son etc. All other details of witness are discussed in Islamic classical law books. Islamic society creates moral and sympathetic people unlike secular individualist hedonist society.
Quran 22:30
…avoid false statement… (NFBL)
Commentary of Quran 22:30
Quran prohibits false statements. Our mind thinks that this prohibition only applies against false statements that happen between us in our families and friends etc. Well this is due to the meekness of Muslims who reduces Islam to house, mosque and graveyards. Know that false statements can be anything that is false by its meaning or implication. False statement is thus a semantic lie. It can take place in family, friends, society, businesses, politics. Economy and finance that is anyplace of human activity. Most importantly is it’s occurrence in secular democratic politics through election promises. Muslim politicians are liars and are destroying Muslim hope of Islamic revival and Islamisation. It is because these Muslim politicians are recruiting the bad electorate and thereby empowering and enhancing the bad people in Muslim demography. These misguided Muslim politicians and rulers are just continuing the colonial practice of removing good people and instilling bad people. They must start to reform by first abandoning all false statements.
Quran 24:4
And those who accuse chaste women and then do not produce four witnesses...(NFBL)
Commentary of Quran 24:4
The standard of establishing crime in Islam is high. Witness and their credibility are scrutinized and then either accepted or rejected. The whole legal process of Islam has a separate study called ilm Al-Qada or the knowledge of judgement. In other verses we will see women’s witnesses are lesser than men’s and this is, as discussed previously, due to their psychology and biology. So, women need a greater number of their gender witnesses in certain circumstances to reduce probability of error. People who say a woman in Islam has no right when she is raped because she has to produce witnesses. Well this verse disproves them and shields woman from slander and false accusations. Forced sexual intercourse is not same as fornication and adultery in the victim’s side because she did not consent to it.
Quran 2:224
And do not make [your oath by] Allah an excuse against being righteous and fearing Allah and making peace among people. And Allah is Hearing and Knowing. (FBL)
Commentary of Quran 2:224
God prohibits using oath in His name to do wrongdoing. People who often swear in God’s name have often attitude problems and bad character. Muslim must not abuse God’s name by swearing in every situation. Why do you need to swear voluntarily if you are truthful and if you want people to treat you truthful? Save your swearing for real important situation such as in Islamic courts.
Quran 2:282
…And bring to witness two witnesses from among your men. And if there are not two men [available], then a man and two women from those whom you accept as witnesses - so that if one of the women errs, then the other can remind her. And let not the witnesses refuse when they are called upon...(NFBL)
Commentary of Quran 2:282
Quran has chosen the witnesses to be practicing Muslims whether males or male and females. This is due to the high probability of justness and truthfulness that is found among pious and righteous people. Women need a greater number of their gender witnesses in certain circumstances to reduce probability of error because of their psychology and biology. See www.researchgate.net/publication/347424572_The_Islamic_Society_The_Sociological_Perspective_4th_Ed
section “Rape”.
The judge can force witness in giving their witnesses. Here God is commanding the believers who will be in charge of the judgement as a judge to make sure that the witness does not reject if called to give witness.
Quran 5:89
Allah will not impose blame upon you for what is meaningless in your oaths, but He will impose blame upon you for [breaking] what you intended of oaths. So its expiation is the feeding of ten needy people from the average of that which you feed your [own] families or clothing them or the freeing of a slave. But whoever cannot find [or afford it] - then a fast of three days [is required]. That is the expiation for oaths when you have sworn. But guard your oaths. Thus does Allah make clear to you His verses that you may be grateful. (FBL)
Commentary of Quran 5:89
Oath is Islam is not merely verbal but must be accompanied by a context of determination and intention. It is a matter of Islamic legal studies and research to analyze oath taking models and contexts. Retribution in Islam is not always harsh but often charitable retribution. Here God is asking charity as a recompense for oath violation. Imagine how better will society and the status of poor people will become with charitable retribution. Islam is thus always uplifting the collective whole. These punishments whether charity based, or violence based are overseen by Islamic governance who is the highest guardian as per Quran and hadith.
Quran 5:106
O you who have believed, testimony [should be taken] among you when death approaches one of you at the time of bequest - [that of] two just men from among you or two others from outside if you are traveling through the land and the disaster of death should strike you. Detain them after the prayer and let them both swear by Allah if you doubt [their testimony, saying], "We will not exchange our oath for a price, even if he should be a near relative, and we will not withhold the testimony of Allah . Indeed, we would then be of the sinful." (NFBL)
Commentary of Quran 5:106
God is prescribing a law of witness for oversight of inheritance and will, so that the deceased and the rightful owners cannot be cheated or defrauded by people or party. This rule of witness must be implemented at the state level and through the legal apparatus of Islamic governance. Lip service of relatives will not suffice but rather proper protocols of witnessing and documentation must be in place. The process should start whenever someone suspects death is highly probable or even possible. The witness should be upright and just either from Muslims or non-Muslim subjects.
Quran 5:107
But if it is found that those two were guilty of perjury, let two others stand in their place [who are] foremost [in claim] from those who have a lawful right. And let them swear by Allah, "Our testimony is truer than their testimony, and we have not transgressed. Indeed, we would then be of the wrongdoers." (NFBL)
Commentary of Quran 5:107
This verse proposes a general rule of witness verification framework before accepting their witnesses. Mere establishment of justness is not enough but also absence of crimes, fraud or corruption from their part.
Quran 24:6-9
And those who accuse their wives [of adultery] and have no witnesses except themselves - then the witness of one of them [shall be] four testimonies [swearing] by Allah that indeed, he is of the truthful. And the fifth [oath will be] that the curse of Allah be upon him if he should be among the liars. But it will prevent punishment from her if she gives four testimonies [swearing] by Allah that indeed, he is of the liars. And the fifth [oath will be] that the wrath of Allah be upon her if he was of the truthful. (NFBL)
Commentary of Quran 24:6-9
This is to happen in an Islamic court and not under some mob rule. The proper framework and protocols of justice and judgment must be implemented to process God’s laws. That is the procedural law in Islamic rule must effectively and efficiently support implementation of substantive law. This is the indicative model we find in both Quran and Prophet’s rule of Arabia and Medina. This verse has given the woman the accused, the benefit of the doubt. Both accuser and accused face real prospect of being cursed by God in this world or the hereafter. This verse also establishes a principle that if a woman is raped and there are no witnesses on either side then the woman shall be given benefit of the doubt that she was raped but the woman should be held accountable if she was revealing or tempting in any way or was a partially causative factor in being raped. This can happen if the woman was hanging out in an indecent gathering or was in a state of khulwa with a non-mahram and/or dressed up in a promiscuous revealing way for example. A rape cannot be established except by witness whether digital or human. In fact, a digital video may become a human witness by direct observation of the event by four just people. Forensics cannot prove rape but that an act of sexual intercourse has taken place which might have been consensual. As punishment for rape which is also adultery from one party can demand harsh punishment it cannot be carried out except by high standard of proof such as witnesses. Understand also that rape is a violent act and while this takes place other crimes will take place such as violence, break-ins, robbery, beatings, any other harms so these can be tried under the law of hiraba and one may not always need to establish four witnesses. Other forms of Islamic evidence will be then considered resulting even in similar punishments in severity. Just because a woman complains one need to be biased. Many cases in west show how women’s false allegations of rape have destroyed lives of people. Another point to clarify is people may say Islamic law of witness will not work today to punish rapists. Well selectively applying Islamic law in a secular context of course will not work. Islamic laws are interconnected and the legal system depends on this interconnectedness so many other laws of Islam need to be active to erase the secular context of rape such as implementing dress code, controlled segregation, facilitation of early marriage, banning of alcohol, nudity, prostitution and complete implementation of Islamic criminal laws among totality of Islamization that will create an environment of anti-rape and even somehow in this environment rape happens then the synergism of the legal system and Islamicness of the society will ease accountability of the rapists. Such an Islamic existence will almost eradicate rape and that is why Islam explicitly ordained punishment of consensual adultery.
…avoid false statement… (NFBL)
Commentary of Quran 22:30
Quran prohibits false statements. Our mind thinks that this prohibition only applies against false statements that happen between us in our families and friends etc. Well this is due to the meekness of Muslims who reduces Islam to house, mosque and graveyards. Know that false statements can be anything that is false by its meaning or implication. False statement is thus a semantic lie. It can take place in family, friends, society, businesses, politics. Economy and finance that is anyplace of human activity. Most importantly is it’s occurrence in secular democratic politics through election promises. Muslim politicians are liars and are destroying Muslim hope of Islamic revival and Islamisation. It is because these Muslim politicians are recruiting the bad electorate and thereby empowering and enhancing the bad people in Muslim demography. These misguided Muslim politicians and rulers are just continuing the colonial practice of removing good people and instilling bad people. They must start to reform by first abandoning all false statements.
Quran 24:4
And those who accuse chaste women and then do not produce four witnesses...(NFBL)
Commentary of Quran 24:4
The standard of establishing crime in Islam is high. Witness and their credibility are scrutinized and then either accepted or rejected. The whole legal process of Islam has a separate study called ilm Al-Qada or the knowledge of judgement. In other verses we will see women’s witnesses are lesser than men’s and this is, as discussed previously, due to their psychology and biology. So, women need a greater number of their gender witnesses in certain circumstances to reduce probability of error. People who say a woman in Islam has no right when she is raped because she has to produce witnesses. Well this verse disproves them and shields woman from slander and false accusations. Forced sexual intercourse is not same as fornication and adultery in the victim’s side because she did not consent to it.
Quran 2:224
And do not make [your oath by] Allah an excuse against being righteous and fearing Allah and making peace among people. And Allah is Hearing and Knowing. (FBL)
Commentary of Quran 2:224
God prohibits using oath in His name to do wrongdoing. People who often swear in God’s name have often attitude problems and bad character. Muslim must not abuse God’s name by swearing in every situation. Why do you need to swear voluntarily if you are truthful and if you want people to treat you truthful? Save your swearing for real important situation such as in Islamic courts.
Quran 2:282
…And bring to witness two witnesses from among your men. And if there are not two men [available], then a man and two women from those whom you accept as witnesses - so that if one of the women errs, then the other can remind her. And let not the witnesses refuse when they are called upon...(NFBL)
Commentary of Quran 2:282
Quran has chosen the witnesses to be practicing Muslims whether males or male and females. This is due to the high probability of justness and truthfulness that is found among pious and righteous people. Women need a greater number of their gender witnesses in certain circumstances to reduce probability of error because of their psychology and biology. See www.researchgate.net/publication/347424572_The_Islamic_Society_The_Sociological_Perspective_4th_Ed
section “Rape”.
The judge can force witness in giving their witnesses. Here God is commanding the believers who will be in charge of the judgement as a judge to make sure that the witness does not reject if called to give witness.
Quran 5:89
Allah will not impose blame upon you for what is meaningless in your oaths, but He will impose blame upon you for [breaking] what you intended of oaths. So its expiation is the feeding of ten needy people from the average of that which you feed your [own] families or clothing them or the freeing of a slave. But whoever cannot find [or afford it] - then a fast of three days [is required]. That is the expiation for oaths when you have sworn. But guard your oaths. Thus does Allah make clear to you His verses that you may be grateful. (FBL)
Commentary of Quran 5:89
Oath is Islam is not merely verbal but must be accompanied by a context of determination and intention. It is a matter of Islamic legal studies and research to analyze oath taking models and contexts. Retribution in Islam is not always harsh but often charitable retribution. Here God is asking charity as a recompense for oath violation. Imagine how better will society and the status of poor people will become with charitable retribution. Islam is thus always uplifting the collective whole. These punishments whether charity based, or violence based are overseen by Islamic governance who is the highest guardian as per Quran and hadith.
Quran 5:106
O you who have believed, testimony [should be taken] among you when death approaches one of you at the time of bequest - [that of] two just men from among you or two others from outside if you are traveling through the land and the disaster of death should strike you. Detain them after the prayer and let them both swear by Allah if you doubt [their testimony, saying], "We will not exchange our oath for a price, even if he should be a near relative, and we will not withhold the testimony of Allah . Indeed, we would then be of the sinful." (NFBL)
Commentary of Quran 5:106
God is prescribing a law of witness for oversight of inheritance and will, so that the deceased and the rightful owners cannot be cheated or defrauded by people or party. This rule of witness must be implemented at the state level and through the legal apparatus of Islamic governance. Lip service of relatives will not suffice but rather proper protocols of witnessing and documentation must be in place. The process should start whenever someone suspects death is highly probable or even possible. The witness should be upright and just either from Muslims or non-Muslim subjects.
Quran 5:107
But if it is found that those two were guilty of perjury, let two others stand in their place [who are] foremost [in claim] from those who have a lawful right. And let them swear by Allah, "Our testimony is truer than their testimony, and we have not transgressed. Indeed, we would then be of the wrongdoers." (NFBL)
Commentary of Quran 5:107
This verse proposes a general rule of witness verification framework before accepting their witnesses. Mere establishment of justness is not enough but also absence of crimes, fraud or corruption from their part.
Quran 24:6-9
And those who accuse their wives [of adultery] and have no witnesses except themselves - then the witness of one of them [shall be] four testimonies [swearing] by Allah that indeed, he is of the truthful. And the fifth [oath will be] that the curse of Allah be upon him if he should be among the liars. But it will prevent punishment from her if she gives four testimonies [swearing] by Allah that indeed, he is of the liars. And the fifth [oath will be] that the wrath of Allah be upon her if he was of the truthful. (NFBL)
Commentary of Quran 24:6-9
This is to happen in an Islamic court and not under some mob rule. The proper framework and protocols of justice and judgment must be implemented to process God’s laws. That is the procedural law in Islamic rule must effectively and efficiently support implementation of substantive law. This is the indicative model we find in both Quran and Prophet’s rule of Arabia and Medina. This verse has given the woman the accused, the benefit of the doubt. Both accuser and accused face real prospect of being cursed by God in this world or the hereafter. This verse also establishes a principle that if a woman is raped and there are no witnesses on either side then the woman shall be given benefit of the doubt that she was raped but the woman should be held accountable if she was revealing or tempting in any way or was a partially causative factor in being raped. This can happen if the woman was hanging out in an indecent gathering or was in a state of khulwa with a non-mahram and/or dressed up in a promiscuous revealing way for example. A rape cannot be established except by witness whether digital or human. In fact, a digital video may become a human witness by direct observation of the event by four just people. Forensics cannot prove rape but that an act of sexual intercourse has taken place which might have been consensual. As punishment for rape which is also adultery from one party can demand harsh punishment it cannot be carried out except by high standard of proof such as witnesses. Understand also that rape is a violent act and while this takes place other crimes will take place such as violence, break-ins, robbery, beatings, any other harms so these can be tried under the law of hiraba and one may not always need to establish four witnesses. Other forms of Islamic evidence will be then considered resulting even in similar punishments in severity. Just because a woman complains one need to be biased. Many cases in west show how women’s false allegations of rape have destroyed lives of people. Another point to clarify is people may say Islamic law of witness will not work today to punish rapists. Well selectively applying Islamic law in a secular context of course will not work. Islamic laws are interconnected and the legal system depends on this interconnectedness so many other laws of Islam need to be active to erase the secular context of rape such as implementing dress code, controlled segregation, facilitation of early marriage, banning of alcohol, nudity, prostitution and complete implementation of Islamic criminal laws among totality of Islamization that will create an environment of anti-rape and even somehow in this environment rape happens then the synergism of the legal system and Islamicness of the society will ease accountability of the rapists. Such an Islamic existence will almost eradicate rape and that is why Islam explicitly ordained punishment of consensual adultery.
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