10.4.5 Dokar Hujja
10.4.5 The Law of Evidence
Akwai hanyoyi daban-daban da ake iya tabbatar da aikata laifi a kotu, amma waɗannan an iyakance su ga abin da zai iya tabbatar da laifi babu shakka. Misali, shaidun kai-tsaye kamar alamun yatsa a kan makamin kisa ba su isa su ba da cikakken tabbaci kashi 100 na laifin mai alamun yatsan ba. Saboda haka, irin wannan shaida kadai ba ta karɓuwa a kotun Musulunci. Akwai nau'ikan shaida guda biyu da za su iya tabbatar da hujja ba tare da shakka ba:
There are various ways in which the perpetration of a crime can be proved in court, but these are restricted only to that which can ascertain definite guilt. For example, circumstantial evidence like fingerprints on a murder weapon are not in themselves sufficient to give 100% certainty of the guilt of the owner of the fingerprints. Therefore, this kind of evidence alone is unacceptable in the Islamic court. There are two types of testimony which can confer definite proof :
1) Shaidar Ido (shahada): Shaidar wanda ya ga aikata laifi da idonsa ingantacciyar hujja ce. Sai dai wannan ana amfani da shi ne kawai inda aka tabbatar da amincin shaidar. Akwai wata kotu ta musamman wacce aikinta shi ne tantance halin shaidu, ƙwaƙwalwarsu, hankalinsu da sauran abubuwan da suka shafe su, duk wanda aka gabatar a matsayin shaida.
1) Eye-Witness Testimony (shahada) : The testimony of someone who has actually seen a crime occurring is a valid evidence. However, this is only applicable in the cases where the trustworthiness of the witness is proven. There is a special court whose purpose is to verify the character, memory, intelligence etc. of any witnesses who are brought forward.
Misali a game da zina (zina), inda ake bukatar shaidar mutane huɗu masu ganin idanunsu domin tabbatar da laifin. Allah (SWT) ya ce,
An example of this is in the case of adultery (zina) where the testimony of four eye witnesses are required to prove the crime. Allah (swt) says,.
"Kuma waɗanda suka aikata alfasha daga matanku, ku nemi shaidu huɗu daga cikinku a kansu." [TMQ 4:15].
“As for those of your women who are guilty of lewdness, call to witness four of you against them.” [TMQ 4:15].
Idan wani daga cikin shaidu ya kasa kawo shaida mai goyon baya, ko kuma wanda ya zargi laifin ya kasa kawo shaidu huɗu, to za a yi masa hukuncin qadhf (zargin ƙarya).
If any of the witnesses fails to bring corroborating testimony, or someone who accuses the crime cannot provide four witnesses, then they will be subject to punishment of qadhf (false accusation).
2) Ikrari (furuci da laifi): An yarda cewa ikrarin mai laifi ya isa wajen tabbatar da laifi, kuma bisa ga ikrarinsa za a iya aiwatar da hukuncin da ya dace.
2) Confession (iqrar) : It is agreed that the criminal’s confession is sufficient for the establishment of guilt and that, on the basis of his or her confession, the appropriate punishment can be inflicted.
Abu Daud ya ruwaito cewa: "Wata mace daga Ghamid ta zo wurin Annabi ﷺ ta ce, 'Na aikata zina (laifin lalata) wanda ya kamata a hukunta ni saboda shi.' Ya ce mata, 'Koma.' Sai ta koma, kuma washegari ta sake zuwa gare shi ta ce, 'Watakila kana so ka mayar da ni kamar yadda ka mayar da Ma'az ibn Malik. Na rantse da Allah cewa ina da ciki.' Ya ce mata, 'Koma.' Ta koma gare shi washegari. Ya ce, 'Ki koma har sai kin haifi yaron.' Ta tafi. Lokacin da ta haifi yaron, ta kawo yaron wurinsa, ta ce, 'Ga shi! Na haife shi.' Ya ce, 'Ki koma ki shayar da shi har sai kin yaye shi.' Lokacin da ta yaye shi, ta kawo yaron wurinsa tare da wani abu a hannunsa yana ci. Sai aka ba yaron wani mutum daga Musulmi, sai Annabi ﷺ ya ba da umarni game da ita. Aka haƙa mata rami, ya ba da umarni game da ita, sai aka jajjefe ta har ta mutu. Khalid na daga cikin waɗanda suke jifan ta. Ya jefe ta da dutse. Lokacin da digon jininta ya faɗa kan kuncinsa, sai ya zage ta. Sai Muhammad ﷺ ya ce masa, 'A hankali, Khalid. Na rantse da Wanda raina yake a hannunsa, ta tuba har haka ne, da a ce wanda ya karɓi abin da ba nasa ba da zalunci ya tuba irin wannan tuba, da an gafarta masa.' Sa'an nan ya ba da umarni game da ita, ya yi mata sallah, sai aka binne ta."
Abu Daud narrated that : “A woman of Ghamid came to the Prophet (saw) and said, ‘I have committed a punishable sexual act.’ He replied, ‘Go back.’ She then returned and on the next day came to him again and said, ‘Perhaps you want to send me back as you did to Ma‘az ibn Malik. I swear by Allah that I am pregnant.’ He said to her, ‘Go back.’ She returned to him the next day. He said, ‘Go back until you give birth to the child.’ She left. When she gave birth to the child she brought the child to him, and said, ‘Here he is! I have given birth to it.’ He said, ‘Go back and suckle him until you wean him.’ When she had weaned him, she brought the boy to him with something in his hand which he was eating. The boy was then given to a certain man of the Muslims and the Prophet (saw) commanded regarding her. So a pit was dug for her, and he gave orders about her and she was stoned to death. Khalid was one of those who were throwing stones at her. He threw a stone at her. When a drop of her blood fell on his cheek, he abused her. Muhammad (saw) said to him, ‘Gently Khalid. By Him in Whose hand is my soul, she has repented to such an extent that if one who wrongfully takes an extra were to repent to a like extent, he would be forgiven.’ Then giving command regarding her, he prayed over her and she was buried.”.
Idan kuwa mai ikrari ya janye ikrarinsa, to za a dakatar da hukuncin nan take, domin ba za a iya tabbatar da laifi ba tabbas. Haka kuma za a yi haka idan, misali, yayin aiwatar da hukuncin mai ikrarin ya gudu ko ya fara kokawa.
If, however the confessor were to withdraw his or her confession, then the punishment would be stopped immediately, as guilt could no longer be definitely substantiated. This would also be the case if, for example, during the punishment the confessor ran away or began to protest.