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Since the Qur’an has
in no way obligated us to adopt a particular method in proving a crime,
it is absolutely certain that a crime stands proven in Islamic law just
as it is done so in accordance with the universally acceptable methods
of legal ethics endorsed by sense and reason. Consequently, if circumstantial
evidence, medical check-ups, post mortem reports, finger prints, testimony
of witnesses, confession of criminals, oaths and various other methods
are employed to ascertain a crime, then this would be perfectly acceptable
by the Islamic law.
However, there are two exceptions
to this:
Secondly, to purge an Islamic state from prostitutes who, in spite of being Muslims, do not give up their life of sin, the only thing required, according to the Qur’an, is that four witnesses should be called forth who are in a position to testify that a particular woman is a prostitute by profession. In this case, it is not necessary at all that they be eye-witnesses. If they testify with full responsibility that she is known as a prostitute in the society and the court is satisfied with their testimony, then they can be given any of the punishments fixed by the Qur’an for habitual criminals. The Qur’an says:
Whether it is the question
of four witnesses in these two cases, or of other evidence in any other
crime it is left to the discretion of the judge whether he accepts someone
as witness or not. In this regard, there is to be no discrimination between
a man or a woman3. If a woman
testifies in a clear and definite manner, her testimony cannot be turned
down simply on the basis that there is not another woman and a man to testify
alongside her. Likewise, if a man records an ambiguous and vague statement,
it cannot be accepted merely on the grounds that he is a man. If a court
is satisfied by the statements of witnesses and by any circumstantial evidence,
it has all the authority to pronounce a case as proven and if it is not
satisfied, it has all the authority to reject it even if ten men have testified. (Translated from Ghamidi's "Mizan" by
Shehzad Saleem)
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1. i.e., Muslim women.
2. i.e., from the Muslims. 3. For details regarding the testimony of women, see ‘Renaissance’, Dec 93, Pgs 3-5. |