1630.Prerequisites for Qasâmah

They all agreed that:

Qasâmah applies only in murder. (A) + (+H, +M, +S): There is another condition, which is the presence of lawth (reasonable suspicion) that falls short of an admissible proof but gives credence to the claim of the heirs. This lawth is defined by (A) + (+M, +S) as corroborative evidence against the defendant. Examples of lawth:

-   The testimony of one person (whereas two would be required as proof).

-   Two people who can testify that X wounded Y, but not that X killed Y.

-  The murder victim saying before death that X is responsible for his or her death.

-  The presence of X near the crime scene, holding a sharp tool or having bloody garments.

If you examine the reasons for suspicion, add to them the presence of pre-existing hostility, and then add the willingness of all the victim’s heirs to take 50 oaths against the accused, you will come to the conclusion that qasâmah is not based on mere conjecture. Some of the examples of lawth above would be considered sufficient to establish murder in some modern judiciaries. (A2): Lawth can mean the pre-existing hostility itself. (-H): The condition of lawth is satisfied when someone is murdered in an area where it would be expected that someone heard the victim call for help or can provide leads to identify the killer. It is noteworthy here to say that (-H) will ask the defendants, not plaintiffs, to take the denial oaths. In this case, qasâmah ensures that every neighborhood provides enough protection to outsiders, to avoid being responsible for the indemnity of those who get killed in their precinct.