Istikhara and its use in court of Law

[h2kay]

Assalaam u Alaikum,

Can Istikhara (whether it results in a dream and/or anything else such as satisfaction or inclination) be used as evidence in the court of Law against somebody?

Also, can the judge make a decision based on Istikhara (whether the result is a dream and/or anything else such as satisfaction or inclincation) performed by the judge himself/herself?

Thanks

 

[MuslimInshallah]

Assalaamu alaikum,

An interesting couple of questions. (smile) Whether my ideas are correct to not, I don't know. But I'll give these a shot.

First: can istikhara be considered as evidence?

Mmm. I guess it depends on the context. I suppose it might be considered as evidence of a person's state of mind at the time of an event. Like: The accused believed that this act was necessary because he had a dream or strong inclination. Depending on what else the accused might say, one might be inclined to investigate the accused's mental soundness. There was a well known case in Canada not too long ago when someone suddenly attacked a passenger on a bus and cut his head off. He thought he had to. I think he was hearing voices or something. Anyway, he was suffering from a mental disease, and was acquitted, I believe.

Could it be used against someone? I suppose someone could try to argue that they felt Allah was Guiding them to something, like : this is the guilty person. But unless some more solid evidence came up, I can't see how this could be used against someone.

Second: Could a judge use istikhara to help settle his mind as to the correct decision?

Mmm. (sparkle) Now this is a very interesting question I have mulled before. Putting aside the requirement for a dream (this is not something we should look for, I have read), it seems to me that this would be a very appropriate use of the istikhara prayer. Indeed, I believe this is one way how our faith can be suffused into our daily life. If a judge wants to ask Allah to Help him or her make a just and wise decision, particularly in a difficult case, I feel that this is a very beneficial act for him to do. Beneficial both for the judge (whom Allah Holds accountable for his decisions) and for the litigants, who would benefit from a just and wise decision.

(smile) These are my thoughts. But only Allah truly Knows.

May Allah, the All-Knowing Wise Judge, Guide you in your decisions.

 

[OmAbdullah]

Assalaam u Alaikum,

Can Istikhara (whether it results in a dream and/or anything else such as satisfaction or inclination) be used as evidence in the court of Law against somebody?

Also, can the judge make a decision based on Istikhara (whether the result is a dream and/or anything else such as satisfaction or inclincation) performed by the judge himself/herself?

Thanks

Assalaamo alaikum.

We can use istikharah prayer in the way we are advised to use it. We must try to remain steadfast on the straight path of Islam and must protect ourselves even from a little deviation. The Prophet salla Allaho alaihi wa sallam guided us to make istikhara prayer when we cannot decide for starting a business or choosing a life-partner in the presence of proposal or for going on a journey etc. that means istikharah prayer is in personal affairs.
Even I make istikharah when I find some friend having unclear character, I pray to Allah to protect me if the person is dangerous. This is especially nowadays when the world is full of fitnah (mischief) and truthfulness and honesty are rare. But I will keep such istikharah a secret and will not disclose it to others unless I find that the person of doubtful character is dangerous for others.


As far as the evidence against someone is concerned in a court, Islam has clearly ordered us to provide two just eye-witnesses, two men or one man and two women. We have no right to change this rule and use istikharah instead.


In cases where there are no witnesses available, the judge can seek guidance from Allah Almighty in any way. This is something between him and Allah. Allah knows well the sincerity and taqwa of HIS servant and can guide him in any way.

once I heard the story of a Muslim judge in the past. A killer was presented to him and he ordered to cut off his head. The mother of the killer asked a very close friend of the judge to request to him to change his decision. The judge advised the interceding friend to sit on the Judge's chair and give his decision. The friend sat on that chair and the accused man was presented in front of him. The friend ordered his head be cut off. The mother of the accused one was surprised. She complained to him about his decision. Then the friend, by the permission of the judge asked the mother to sit on the chair and judge the case of her son. When she sat on the chair and her son was presented in front of her, she also ordered to cut off his head!!!


It is said that on the chair of the judge every one saw the killer without head. Allah knows best but it seems that Allah the Greatest showed them all something which guided them to pass correct judgment, and this may be due to the sincere duaa of the judge to be protected from injustice.

 

[MuslimInshallah]

As far as the evidence against someone is concerned in a court, Islam has clearly ordered us to provide two just eye-witnesses, two men or one man and two women. We have no right to change this rule and use istikharah instead.

Assalaamu alaikum,

I believe you were perhaps referring to the following:

Qur'an 2:282

Sahih International: O you who have believed, when you contract a debt for a specified term, write it down. And let a scribe write [it] between you in justice. Let no scribe refuse to write as Allah has taught him. So let him write and let the one who has the obligation dictate. And let him fear Allah , his Lord, and not leave anything out of it. But if the one who has the obligation is of limited understanding or weak or unable to dictate himself, then let his guardian dictate in justice. 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. And do not be [too] weary to write it, whether it is small or large, for its [specified] term. That is more just in the sight of Allah and stronger as evidence and more likely to prevent doubt between you, except when it is an immediate transaction which you conduct among yourselves. For [then] there is no blame upon you if you do not write it. And take witnesses when you conclude a contract. Let no scribe be harmed or any witness. For if you do so, indeed, it is [grave] disobedience in you. And fear Allah. And Allah teaches you. And Allah is Knowing of all things.

As you can see, this injunction is specifically in the case of a contract of a commercial nature. It is not referring to testimony in general. Indeed, there are examples of women's testimony being accepted as valid (for example, there are many ahadith that are related on the testimony of a single woman). It is also not necessary to produce two male witnesses for everything that happens. In a normal court of law, the judge listens to various different people with different parts of information, as well as physical evidence. Each man and woman relates what they know. It is not necessary that each occurrence have two witnesses who agree on all points. The judge then needs to consider all the evidence as a whole and try to come to a just and wise decision.

If you read the descriptions of how the Prophet (PBUH) dealt with matters brought before him to judge, he would question different people (including women) to try to get to the truth. He did not request that each statement be verified by witnesses. However, in cases where the punishments were more severe (like death), he did ask for more witnesses that the accused had committed the offence. A confession from the accused was also accepted as proof.

(smile) I am sure I have not covered all points. I just wanted to point out that the necessity of two witnesses is not a universal one. It depends on the situation.

May Allah, the Forbearing, Have Mercy on sincere judges on That Day.

 

[ardianto]

Assalamualaikum.

There was a case in a village in Indonesia which a man got sick and died not so long after that. His family suspect someone who lived in same village sent black magic that caused the 'victim' died. One night, a family member dreamed, saw the 'victim' worked in the suspect rice field. Next day this family attacked the suspect home. The suspect managed to escape but his house destroyed by angry mob. Ulema, police, and village officials tried to explain that the suspect was innocent, but the 'victim' family insist that the suspect used black magic to kill the 'victim'. The dream that showed the 'victim' worked in the suspect rice field was the evidence

This is what would happen if a dream be used for evidence. It could cause false accusation toward innocent person. And also there's no way to proof that someone was really dreaming. That's why dream cannot be used as evidence in court, or to accuse someone.

Istikhara itself is a salah that can be performed if a Muslim need guidance to make a choice, and the answer often comes not in form of dream. Istikhara cannot be performed to get a clue like to know if someone guilty or not, or to find a lost stuff, because it will lead to fitnah.

 

[OmAbdullah]

Assalaamu alaikum,

As you can see, this injunction is specifically in the case of a contract of a commercial nature. It is not referring to testimony in general. Indeed, there are examples of women's testimony being accepted as valid (for example, there are many ahadith that are related on the testimony of a single woman). It is also not necessary to produce two male witnesses for everything that happens. In a normal court of law, the judge listens to various different people with different parts of information, as well as physical evidence. Each man and woman relates what they know. It is not necessary that each occurrence have two witnesses who agree on all points. The judge then needs to consider all the evidence as a whole and try to come to a just and wise decision.

If you read the descriptions of how the Prophet (PBUH) dealt with matters brought before him to judge, he would question different people (including women) to try to get to the truth. He did not request that each statement be verified by witnesses. However, in cases where the punishments were more severe (like death), he did ask for witnesses that the accused had committed the offence. A confession from the accused was also accepted as proof.

(smile) I am sure I have not covered all points. I just wanted to point out that the necessity of two witnesses is not a universal one. It depends on the situation.

.

Wa alaikum salaam wa rahmatullah.

The Law of two witnesses is an important and well known law for confirming theft and killing. In case of crimes related with sex like adultery 4 eye-witnesses are necessary so much so that an accusation of adultery without bringing FOUR witnesses shall make the accuser punishable with 80 lashes. For proof, read the verse 4 of Surah Al Noor (chapter 24). Also many such cases were judged by the prophet salla Allaho alaihi wa sallam with four witnesses. Then a special law was revealed to judge a case between spouses (husband and wife). That means: If a husband accuses his wife of committing adultery and the husband has no witnesses to confirm the case, then he will swear 5 times with special words as revealed in verses 6-7 of Surah al Noor. The other spouse (wife in this case) can escape the punishment by swearing 5 times in special words as are revealed in the verses 8-9 of Surah al Noor.


There are other cases where only one woman's words are accepted. That is in case of her divorce and zihaar. For e.g. a man divorced his wife with three divorces together at one time, in their house when none other than they heard the words of divorce. The husband denied his giving of divorces, in front of people. Now the woman is in a hard situation. If she lives with him, their relation will be adultery. If she wants to leave him she has no proof of divorce. So Allah, The Greatest of judges, revealed the law of Zihaar in Surah Al- Mujadilah (58, the fighting woman) in which the woman's words were accepted by Allah and Allah's Prophet (salla Allaho alaihi wa sallam) without any witnesses.

Confession of sin by the sinner is always accepted and doesn't need witnesses.
But the Prophet salla Allaho alaihi wa sallam didn't rush to punish such a person. Rather he used to ask him in detail to confirm that his crime was punishable.

There is a wonderful story of Ali radhi Allaho Ta'ala anhu regarding TWO witnesses. When he was calipha (the Ruler of the Muslims), he, once, lost his armor in the darkness of the night. He was riding his horse when the armor fell down from him. He tried to find it but wasn't possible in darkness. So he went home. Next day he came to the place to take his armor, but a zhimmi (a Christian who used to live under the Islamic Rule) had already picked up the armor. Ali raa told him that it was his armor. But the Zhimmi insisted that it was his own armor. Then the two went to the Judge Shureh. The Judge heard the story, and said to Ali raa, " Ameer al mo'mineen, I believe that you are true, but I cannot decide the case without two witnesses".


Ali raa brought his son, Hasan raa and his freed slave as witnesses. They said to the judge that it was Ali's armor. The Judge said that "son" is not accepted as a witness for his father, therefore Ali raa had to bring another witness. On hearing this Ali raa said to the Zhimmi, "you can keep this armor because I have no other witness." The Zhimmi said, " ash-hadu an laa ilaha illa Allaho wa ash-hdu anna Muhammad ar Rasoolullah, this is surely God' Deen, very strange that the Calipha is judged by the court and the decision is given in favor of me". He accepted that Ali raa was true in his statement and that the armor belonged to him.


By the application of the law of Justice sincerely, the Zhimmi was impressed so much that he became Muslim! Ali raa said to the new muslim, " As you have acceptd Islam, therefore now this armor and this horse are gift for you".