Lastly usurping somebody else’s property is also a greater sin.

Lastly usurping somebody else’s property is also a greater sin. Thus we can say that many great sins constitute a single sin called, ‘false testimony’. One should testify only after knowing the facts It does not make any difference whether one knowingly gives a false testimony or one testifies without being certain of the facts. Both of these are ‘Greater sins’. It is Wajib upon the witness not to testify till he is sure of the facts.

Hazrat Imam Ja’far as-Sadiq (a.s.) says: “Do not testify till you are as certain as you are about the palm (of your hand).”[^7] Someone inquired from the Holy Prophet (S) as to when it was allowed to testify as a witness. The Prophet (S) told him: “Can you see the sun?” “Yes,” he said.

“Testify like it or do not.” (Meaning you should testify only if you are absolutely certain, otherwise you must not do so).[^8] Hazrat Imam Muhammad al-Baqir (a.s.) says, “The witness should testify only for that about which he is certain. He must fear Allah. To testify without having certainty or to testify against something without being certain is also falsehood. Allah says, Refrain from falsehood! And remain upright for (the sake of) Allah and do not be among the polytheists.

So, Allah has equated false testimony to polytheism.”[^9] One who testifies falsely is soon exposed If a person testifies in an Islamic court and later regrets for his testimony, then it is first determined whether he had knowingly and intentionally testified wrongly. If it was so, then that person is branded as a transgressor whose testimony is no more valid in the Shari’a Court. But if he had been a victim of doubt and uncertainty he is not disqualified from testifying in the future.

However, if due to the wrong testimony someone had to undergo undeserved punishment or suffer harm, it is Wajib for this witness to make up the loss. The details of such laws could be obtained from the books of Jurisprudence. One of the methods of disproving a testimony is that the witness himself confess it to be false. Another procedure for this is that two just witnesses may testify against him. This is known as ‘Bayyana’.

Finally, the judges may on the basis of some firm evidence falsify the testimony of a witness who had tried to mislead the court. Hence the judge is empowered to reject a witness if he is himself certain. If someone has suffered a loss the judge shall impose on the witness some exemplary punishment of a few lashes so that he may not repeat such a crime in future.