· Islam: The testimony of an unbeliever is unacceptable,· Adulthood and sanity· Speech: The testimony of a dumb person who cannot speak is unacceptable.· Accuracy and good memory,· Probity.· The testimony of a f siq, or transgressor, is unacceptable,
To bear witness that pertains to the rights of human beings is a collective duty. If anyone is needed to bear testimony in order to clarify the rights of the parties in a particular dispute, then it is the duty of that person to give testimony. Allah says: ‘Witnesses must not refuse when they are called in’ (2: 282). To Give testimony is a duty: Allah says: ‘You shall not withhold testimony, for he that withholds testimony is sinful at heart’ (2: 283).
Punishment are of two types. The first is to neglect or omit duties when one is able to fulfil them, such as the repayment of debts, delivering things held in trust to their rightful owners, safeguarding the property of orphans and delivering these when the orphans come of age. Any of these may be punished by Ta'zir until the person concerned does his duty.
The punishment for drinking intoxicants is 40 lashes, but it may be increased to 80 if the Muslim ruler determines that such an increase is needed to make the punishment a more effective deterrent.
Allah has determined that the punishment for anyone who accuses a Muslim of adultery, without providing the necessary proof, is 80 lashes. Furthermore, the accuser is considered a fasiq, i.e. ‘transgressor’ and he is totally disqualified as a witness in any case whatsoever. This shows how grave this sin is…
It is absolutely forbidden to accuse anyone of immoral and lewd action. Allah says: ‘Those who accuse chaste women who may have been unthinkingly careless but remained true believers, shall be rejected by Allah in this world as well as in the life to come. They shall endure awesome suffering’ (24: 23).
Zina stands for both fornication and adultery; it refers to sexual intercourse between man and woman when there is no legitimate marital relationship, real or imagined, between them.
The Arabic term hadd (plural: hudud) is defined as a punishment stated in Islamic law for encroaching on the limits set by Allah. The hudud aim to deter people from committing acts of disobedience of Allah. Thus, they help to spread security and reassurance in the community.
The basis of assessment is the indemnity for killing a free Muslim, which is 100 camels. It is increased in the case of murder and manslaughter by requiring 40 of these camels to be pregnant females.
These include every type of harm that affects a human being but does not lead to death, including wounds and loss of limbs or other organs.In these cases al-Qisaas is enforced. Allah says: ‘A life for a life, an eye for an eye, a nose for a nose, an ear for an ear, a tooth for a tooth, and a similar retribution for wounds’ (5: 43).
The offender has no intention to kill the victim, but his action results in another’s death.Ruling: The ruling relating to the hereafter is that accidental killing does not incur a sin or a punishment, while the ruling relating to this life is that indemnity is payable by the offender and his relatives over a period of three years.
This is the crime of killing. Allah says: ‘Do not take any human being’s life – which Allah has made sacred – except in the course of justice’ (6: 151).
A cause that prevents inheritance: There are three situations where this type of exclusion might apply, as we have noted: being a slave, killing the deceased and following a religion other than Islam.
One: Five kinds of heirs may take a share of one-half:The husband, when his deceased wife has no male or female offspring by that marriage or an earlier one.
The deceased’s daughter, when she has no siblings, male or female, who are also heirs of the deceased.
The deceased’s son’s daughter, when she is the only heir.
The deceased’s full brother, when he has no siblings to share with him and the deceased has neither offspring nor parents or grandparents.
The deceased’s half sister born to his father, when she has no siblings to inherit with her, and the deceased has neither offspring nor parents or grandparents, nor a full brother or a full sister.