Proving Murder by Qasamah (Oathtaking): A Historical Analytical Study

Maher Haswa

Ibrahim Alqatawneh

Ahmed Fekry Moussa

 

Abstract: This article examines the concept of qasamah (taking an oath) as a means of proof in murder cases in the absence of other physical evidence. Detailing the practice of qasamah before Islam, during the time of the Prophet Muhammad, his Companions, and those who followed them, this article analyses position of qasamah within the schools of jurisprudence. Bringing that discussion to the present day, the subsequent analysis in this article then moves on to the examples of the use of qasamah as a means of proof in murder cases in few selected jurisdictions. This research employs an analytical approach to clarify the similarities and differences within the field of qasamah and the evidentiary value that it holds. The article concludes that qasamah requires careful reconsideration by jurists to ascertain its application in contemporary times.