A false oath

Question

One person gives testimony in court as evidence and, knowing God to be present and seeing, gives false testimony. Another person both keeps the fasts of Ramadan and gives false testimony. And the claimant, in a packed court, raising the Noble Qur’an, swears a false oath. By contrast, the defendant, upon the raising of the Holy Qur’an, gives up his share of the property. What is the Shari‘a ruling for these lying witnesses and the claimant? Is it permissible to benefit from someone’s property by lying?

Answer

Swearing a false oath is a major sin; the Prophet ﷺ described it as close to shirk. And consuming wealth, property and the like wrongfully obtained by this means is also haram. Whoever, despite being in the right, out of regard for the greatness of the name of Allah refrains from the oath and gives up his right has made a very great sacrifice (ithar)

Source: Fatawa Mahmudiyya

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