What are the varying opinions regarding the extent of the lashing punishment for intentional false testimony?

General Chapter

Al-Mughni

Book of Judicial Rulings

Book 64 · Issue 6 · Bab 1

Open in Qurani

Primary text

The extent of the lashing is discretionary, left to the judge's opinion, provided it does not exceed ten lashes, based on the saying of the Prophet (peace be upon him): "No one shall be flogged more than ten lashes except in the case of a prescribed punishment (hadd) set by Allah." Al-Qasim and Salim opined that seven strokes of the stick should be administered. Shurayh suggested a prescribed number of lashes. Some reports indicate Umar administered forty lashes, darkened the face, and prolonged the imprisonment.

Supporting text

Al-Shafi'i stated the lashes should not exceed thirty-nine so as not to approach the minimum limit of the prescribed penalties (*hudud*). Ibn Abi Layla stated seventy-five lashes, which is one opinion of Abu Yusuf. Al-Awza'i stated concerning false witnesses in divorce cases that each should receive one hundred lashes and be fined the dowry amount. The punishment mentioned by Umar (forty lashes, face darkening, long imprisonment) is contradicted by other reports suggesting he only imprisoned the individual for one day before releasing him.