الشهر: أكتوبر 2018

 Shaykh al-Jalil al-Jaleel ibn Baaz was asked about the ruling on Sharee’ah with false testimony

Answer 

Perjury is one of the greatest sins, and one of the greatest evils, and there is injustice to the shame on him falsely, it is the duty of every Muslim to warn her and to stay away from her to say Allah Almighty

 They bypass the abomination of idols and bypass the false words. 

[الحج:30]:

The Prophet ﷺ says in the right speech agreed not to fill you with the biggest sins three, we said: Yes, O messenger of God! He said the involvement in God, and the disobedience of the parents, and he was leaning and sat and said only and saying false and perjury 

He still repeats it until we say: “I wish he had stop.” I mean: Even the Sahaabah said: I wish he would have kept his prayers and peace on him lest he be himself, he repeated it too much to warn them, because some people tolerate in them, and may give money to testify falsely. 

Perjury is a false statement about a case, no matter how motivated it is whether it is a supporter of the suspect or for sums of money or the interests of the person or for the purpose of harming the acclaimed, and is one of the biggest sins as reported by the Prophet (pbuh) about Anas bin Malek may Allah be pleased with him he said : (The Prophet of Allah (pbuh) mentioned major sins. Or asked about the major sins? He said: Shirk with God, killing oneself, and disobeying parents.  

He said: Don’t I tell you the biggest sins? He said, “perjury, or perjury.” His people said: and more mistaken that he said: perjury

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 Rulings of the Egyptian Court of Cassation on the crime of perjury  

-The law does not require a special criminal intent in the crime of perjury, but it is sufficient for the witness to have deliberately altered the truth with a view to misleading the judiciary, and it is not a good judgment not to talk about this purpose independently as long as its availability has been learned

“Appeal No. 343 for the 20th session of 22/3/1950”

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The certificate does not need to be false conversations from the beginning to the end, it is enough for the witness to deliberately change the truth in certain facts of the testimony.

(Appeal No. 562 of 29 S, 1959/5/26 session) 

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A partner in a legally exempted crime from punishment when he is invited to testify and sworn to perform must perform in conformity with the truth. If he does not do so, he must be punished with perjury when the elements are available, because his exemption from punishment renders him in a position where his personal interest does not interfere with the performance of the testimony

Appeal No. 1812 of 05 Group age 3 P page No. 498

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A statement made against the truth by the accused in the Judicial council is not a false testimony, because he is not sworn in and because his statements relate to his own claim. However, this provision does not apply to those who claim to be a witness and decides, after swearing in the hearing, to breach the truth in order to avert a criminal liability that was not the subject of the trial. This is because the law does not discriminate in perjury between one witness and another, and because the alliance requires saying the right always and if the person has a personal interest in telling the perjury to fend off his own suspicion

Appeal No. 1594 for the year 06 Group age 4 P page No. 1
Dated 02-11-1936

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 Sub-theme: Elements of the crime of perjury

Paragraph No. 1

If the witness decides–an accused or a defendant–to deny the truth by denying the right or supporting falsehood, and that is to mislead the judiciary, it is false testimony 

Appeal No. 1142 for the Year 12 Group age 5 p page number 647

Dated 20-04-1942

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It is sufficient for the criminal intent in perjury to lie to the witness knowingly and willingly and to change the truth with the intention of misleading the judiciary, without regard for motivation.

                   (Appeal No. 1496 of 17 BC, 1947/11/17 session) 

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Kuwaiti Penal Code No. 16/1960
(art. 136) 

Every person who has been assigned to testify before a judicial authority

1. Sworn oath, and then made false statements 

shall be punished by imprisonment for a term not exceeding three years and a fine not exceeding 3,000 rupees or one of these penalties.

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