Question

As Salamu Alaikum my question in Islam in a Sharia Court if a Plaintiff has two or four Witnesses what if the Defendant swears a oath he did not do it or commit zina or steal or drink or any other crime if he still does deny or denies what does the Judge do can he let him or her go what do Islamic texts Quran and Hadiths and Scholars say thank you for your time Ramadan Mubarak ?

https://islamqa.org/maliki/binbayyah/29847?_e_pi_=7,PAGE_ID10,6437789225

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[TR][TD]Islamic Criminal Law - IslamQA
A historical glimpse over criminal laws: Since the dawn of history, man has lived a social life that necessitated organizing his relations with others through establishing rules that have a binding nature and must be respected in order to control aggressive instincts and the desires for debauchery “And the soul and...[/TD][/TR][/TABLE]

What is the answer what does this below mean if that answers my question thank you ?



In addition to its strong concern about the safety of the society, the purified shari`ah provides firm guarantees for the individual not only through the principle of warding the punishment off in case of doubt, which applies to hudud; particularly with regard to crimes against ethics and the pure rights of Allah, but it also provided guarantees on the level of juridical procedures and the means of proving proofs. It has disallowed the judge to judge based on his own knowledge and sets as a condition that the witnesses have to be trustworthy and that their number has to be more than two in certain ethical issues. Moreover, it gives excuse to the accused person to discredit the witness when necessary. It prescribes taking oaths and in some cases makes it firmer. It disregards the confession of the person under coercion and only regards confession with free will and choice. It has also set special conditions for the person who assumes the post of a judge including knowledge, piety, honesty, and straightforwardness in addition to other conditions known in the writings on judiciary and judgeship.








　






https://islamqa.org/maliki/binbayyah/29847?_e_pi_=7%2CPAGE_ID10%2C6437789225

truthseeker63 said:

As Salamu Alaikum my question in Islam in a Sharia Court if a Plaintiff has two or four Witnesses what if the Defendant swears a oath he did not do it or commit zina or steal or drink or any other crime if he still does deny or denies what does the Judge do can he let him or her go what do Islamic texts Quran and Hadiths and Scholars say thank you for your time Ramadan Mubarak ?

Click to expand...

Asalaamualaykum :

The fact the defendant is called a DEFENDANT is the fact the they WILL defend themselves by denial.....Which is exactly why you have witnesses to counter the defendants motion of innocence.

In other other words - If the defendant Admits the crime - Do you think there is any need for a witness ????????

I was trying to ask what if the defendant denies the crime and claims innocence and the defendant swears a oath but the plaintiff has witnesses what does the judge decide in a sharia court thank you ?

truthseeker63 said:

What is the answer what does this below mean if that answers my question thank you ?



In addition to its strong concern about the safety of the society, the purified shari`ah provides firm guarantees for the individual not only through the principle of warding the punishment off in case of doubt, which applies to hudud; particularly with regard to crimes against ethics and the pure rights of Allah, but it also provided guarantees on the level of juridical procedures and the means of proving proofs. It has disallowed the judge to judge based on his own knowledge and sets as a condition that the witnesses have to be trustworthy and that their number has to be more than two in certain ethical issues. Moreover, it gives excuse to the accused person to discredit the witness when necessary. It prescribes taking oaths and in some cases makes it firmer. It disregards the confession of the person under coercion and only regards confession with free will and choice. It has also set special conditions for the person who assumes the post of a judge including knowledge, piety, honesty, and straightforwardness in addition to other conditions known in the writings on judiciary and judgeship.








　






https://islamqa.org/maliki/binbayyah/29847?_e_pi_=7%2CPAGE_ID10%2C6437789225

Click to expand...

Plz see bold part.

It's good if you talk to any knowledgeable scholar in person as well

and Allah swt knows best.

truthseeker63 said:

I was trying to ask what if the defendant denies the crime and claims innocence and the defendant swears a oath but the plaintiff has witnesses what does the judge decide in a sharia court thank you ?

Click to expand...

Thats exactly what I have answered - That by nature the "Defendant" will swear in progress to his/her innocence

Thats the reason why the other side will have witnesses

If you asking what happens thereafter - then that will change from circumstance to circumstance on credibility of either side.