The crime of lying in word and deed in Islamic law and criminal law.

Document Type : Original Article

Author

Faculty of Law - Mansoura University

Abstract

All praise is due to Allah. We praise Him, seek His help, and ask for His forgiveness. We seek refuge in Allah from the evils of our souls and the misdeeds of our actions. Whoever Allah guides, none can misguide him, and whoever He leaves astray, none can guide him. I bear witness that there is no deity worthy of worship except Allah alone, without partner, and I bear witness that Muhammad is His servant and Messenger. May Allah bless him, his family, and his companions abundantly until the Day of Judgment. As for what follows: Islam came to sincerely dedicate the religion to Allah alone and to build the Muslim society upon foundations of ethics and virtues to uphold this religion, which aligns the purity of the inner self with the purity of the outward self, known as the sound heart, mentioned in the words of Allah, the Exalted: (except for one who comes to Allah with a sound heart). Therefore, what is the stance of Sharia regarding someone whose outward and inward actions are inconsistent and who possesses a trait of hypocrisy, such as lying in speech or deed, which the Prophet considered…Peace and blessings be upon him – in his saying: "Four traits, whoever possesses them is a pure hypocrite, and whoever has one of these traits has a trace of hypocrisy until he abandons it: when entrusted, he betrays; when he speaks, he lies; when he makes a promise, he breaks it; and when he argues, he is immoral." We find that lying leads to many deviations in belief, worship, and behavior, both in an individual with himself and with others. Many claims and disputes brought before the judiciary, whether civil or criminal, often involve lying and fraud, and criminal law penalties for these offenses do not always match the severity of the crime, because they do not firmly establish and punish the conduct in question except after its proliferation and the urgent need for criminalization and punishment.

Keywords