What is the Shari'ah way out for a father who asked his son to give false testimony before the judge?
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The Shaykh : ... it has no value.
The questioner : All right, may Allah reward you with good.
The Shaykh: Yes.
The questioner: Peace be upon you.
The Shaykh : And upon you be peace, and the mercy of Allah and His blessings.
The questioner : The Shaykh : Is Nasser present?
The Shaykh : He is with you.
The questioner : May Allah greet you, my brother.
The Shaykh : May Allah give you life.
The questioner : We would like to ask a question, if you please.
The Shaykh: Go ahead.
The questioner : May Allah reward you.
The Shaykh : And may He reward you.
The questioner : One of the brothers is saying that his son got into a fight with his neighbor's son, so what happened is that he took, I mean, regarding the helmet, they filed a complaint with the public prosecutor, and then a tribal reconciliation took place and they cancelled the problem between them tribally.
The Shaykh : Yes.
The questioner : So the father said to the son, the son is 16 years old, he said to his son, don't tell the truth about what happened, even what? Even to save the neighbor's son, I mean, from the problem.
The Shaykh : He said to him, don't say it, or what did he say?
The questioner : He said to him, don't say it.
The Shaykh : Don't say it, yes.
The questioner : To save him, I mean, his second opponent, because they settled it tribally between them, and the father did not know that the public prosecutor wanted to make him take an oath or wanted to make him swear an oath.
The Shaykh : Yes.
The questioner : So what happened now is that the boy swore an oath and did not tell the truth.
The Shaykh : May Allah guide him.
The questioner : This is what happened, so now they have a court, in the court, of course, he has to swear...
The Shaykh: Yes.
The questioner : He has to be held accountable, he and his son, because the first testimony was false, he told it, and at the same time he wants to be righteous to this opponent of his.
The Shaykh : Who wants to be held accountable?
The questioner : This man, because he told his son not to tell the truth the first time when he swore, so what is the solution, O Shaykh?
The Shaykh : I mean, the father wants to be held accountable?
The questioner : The father now wants to ask, if his son denied the first statement, do you see how the father and the son want to be held accountable, because the son is 16 years old, a minor who is considered.
The Shaykh : No problem, but what got the father involved in the matter, since no one went to say that he was the one who told him.
The questioner : The father says, for the sake of my son, I mean, this boy swore an oath, and I was the one who forced him to this oath that he not believe in it.
The Shaykh : I understand, my brother, but I am asking, what is the father's relation to the public prosecutor?
The questioner : He has no direct connection with him.
The Shaykh: That is my intention.
The questioner : Yes, he does not.
The Shaykh : So the father will not be questioned, and the son.
The questioner: Yes.
The Shaykh : He is not required to say that my father told me so and so, but rather he will come out in the matter that this is what happened with him, that it was like this.
The questioner: Yes.
The Shaykh : I mean, do not link the father's matter to the son's in the court.
The questioner : It is not that I, the father, asked me, he asked me that I should continue, let my son give the same testimony before the court and the judge so that we can save the neighbor's son who had the problem.
The Shaykh : My brother, the goal in the Shari'ah does not justify the means.
The questioner: Yes.
The Shaykh : Especially if there is a false oath.
The questioner: Yes.
The Shaykh : The oath of perjury leaves the land barren.
The questioner: There is no power nor strength except with Allah.
The Shaykh : I mean, it destroys the crops and the offspring, and the swiftest punishment in this world is undutifulness to parents and the oath of perjury.
The questioner: There is no power nor strength except with Allah.
The Shaykh : Therefore, it is not permissible to swear, neither the first time nor to confirm it the second time.
The questioner : Yes, yes.
The Shaykh: Is it clear?
The questioner : May Allah reward you with good, O Shaykh.
The Shaykh : May Allah preserve you.
The questioner : May Allah bless you.
The Shaykh : Welcome.
The questioner: Peace be upon you.
The Shaykh : And upon you be peace and Allah's mercy and blessings. There is no power nor strength except in Allah, the Most High, the Great.
The questioner : All right, may Allah reward you with good.
The Shaykh: Yes.
The questioner: Peace be upon you.
The Shaykh : And upon you be peace, and the mercy of Allah and His blessings.
The questioner : The Shaykh : Is Nasser present?
The Shaykh : He is with you.
The questioner : May Allah greet you, my brother.
The Shaykh : May Allah give you life.
The questioner : We would like to ask a question, if you please.
The Shaykh: Go ahead.
The questioner : May Allah reward you.
The Shaykh : And may He reward you.
The questioner : One of the brothers is saying that his son got into a fight with his neighbor's son, so what happened is that he took, I mean, regarding the helmet, they filed a complaint with the public prosecutor, and then a tribal reconciliation took place and they cancelled the problem between them tribally.
The Shaykh : Yes.
The questioner : So the father said to the son, the son is 16 years old, he said to his son, don't tell the truth about what happened, even what? Even to save the neighbor's son, I mean, from the problem.
The Shaykh : He said to him, don't say it, or what did he say?
The questioner : He said to him, don't say it.
The Shaykh : Don't say it, yes.
The questioner : To save him, I mean, his second opponent, because they settled it tribally between them, and the father did not know that the public prosecutor wanted to make him take an oath or wanted to make him swear an oath.
The Shaykh : Yes.
The questioner : So what happened now is that the boy swore an oath and did not tell the truth.
The Shaykh : May Allah guide him.
The questioner : This is what happened, so now they have a court, in the court, of course, he has to swear...
The Shaykh: Yes.
The questioner : He has to be held accountable, he and his son, because the first testimony was false, he told it, and at the same time he wants to be righteous to this opponent of his.
The Shaykh : Who wants to be held accountable?
The questioner : This man, because he told his son not to tell the truth the first time when he swore, so what is the solution, O Shaykh?
The Shaykh : I mean, the father wants to be held accountable?
The questioner : The father now wants to ask, if his son denied the first statement, do you see how the father and the son want to be held accountable, because the son is 16 years old, a minor who is considered.
The Shaykh : No problem, but what got the father involved in the matter, since no one went to say that he was the one who told him.
The questioner : The father says, for the sake of my son, I mean, this boy swore an oath, and I was the one who forced him to this oath that he not believe in it.
The Shaykh : I understand, my brother, but I am asking, what is the father's relation to the public prosecutor?
The questioner : He has no direct connection with him.
The Shaykh: That is my intention.
The questioner : Yes, he does not.
The Shaykh : So the father will not be questioned, and the son.
The questioner: Yes.
The Shaykh : He is not required to say that my father told me so and so, but rather he will come out in the matter that this is what happened with him, that it was like this.
The questioner: Yes.
The Shaykh : I mean, do not link the father's matter to the son's in the court.
The questioner : It is not that I, the father, asked me, he asked me that I should continue, let my son give the same testimony before the court and the judge so that we can save the neighbor's son who had the problem.
The Shaykh : My brother, the goal in the Shari'ah does not justify the means.
The questioner: Yes.
The Shaykh : Especially if there is a false oath.
The questioner: Yes.
The Shaykh : The oath of perjury leaves the land barren.
The questioner: There is no power nor strength except with Allah.
The Shaykh : I mean, it destroys the crops and the offspring, and the swiftest punishment in this world is undutifulness to parents and the oath of perjury.
The questioner: There is no power nor strength except with Allah.
The Shaykh : Therefore, it is not permissible to swear, neither the first time nor to confirm it the second time.
The questioner : Yes, yes.
The Shaykh: Is it clear?
The questioner : May Allah reward you with good, O Shaykh.
The Shaykh : May Allah preserve you.
The questioner : May Allah bless you.
The Shaykh : Welcome.
The questioner: Peace be upon you.
The Shaykh : And upon you be peace and Allah's mercy and blessings. There is no power nor strength except in Allah, the Most High, the Great.
Source
www.al-albany.com
The Arabic text is copied verbatim from the original source, without any edits.