What is the prescribed punishment for one whose testimony is definitively established as intentional false testimony (shahadat al-zur)?
General Chapter
Al-Mughni
Book of Judicial Rulings
Primary text
False testimony is one of the gravest sins, expressly forbidden by God alongside idolatry: {So avoid the uncleanliness, the idols, and avoid the word of falsehood} (Quran 22:30). It is narrated that false testimony is equivalent to associating partners with God. Moreover, it is stated that the feet of the false witness will not move from their place until the Fire becomes incumbent upon them. If a judge definitively establishes that a man gave false testimony intentionally, the majority of scholars hold that the judge must administer disciplinary punishment (*ta'zir*) and public disgrace (*tash'hir*). This view is attributed to Umar, Shurayh, Al-Qasim ibn Muhammad, Salim ibn Abdullah, Al-Awza'i, Ibn Abi Layla, Malik, Shafi'i, and others. The punishment involves discretionary beating, not exceeding ten lashes, because the Prophet (peace be upon him) said: "No one shall be flogged more than ten lashes except in the case of a prescribed punishment (hadd) set by Allah." Disgrace involves public exposure, such as stopping the witness in their marketplace, tribal gathering place, or mosque, where their custodian declares: 'The judge sends peace and says: This is a false witness; take heed of him.' This procedure is attributed to Al-Shafi'i.
Supporting text
Abu Hanifa held that the false witness should neither be disciplined nor publicly disgraced, viewing it as a reprehensible statement similar to *zihar* (a form of divorce). However, this is countered by the fact that false testimony is a prohibited statement that harms the public, thus requiring punishment like slander or defamation. Furthermore, false testimony is distinct from *zihar* as its harm is specific and *zihar* entails a severe expiation heavier than *ta'zir*. The view supporting discipline aligns with the saying of Umar for which no dissenting companion opinion is known.