Qasamah: Its Shar‘i Status, Conditions, and Rulings
Written by: Imran Ayub Lahori
◈ لغوی وضاحت (Linguistic Meaning)
- Qasamah (القسامة): A group swearing oaths regarding a claim of killing.
- In Arabic: باب أقسم یقسم (to swear) and باب قاسم یُقاسم (to make others swear).
(al-Munjid, p. 691; al-Qamus al-Muhit, p. 1036)
◈ شرعی تعریف (Shar‘i Definition)
- Hanafi view: Qasamah means fifty oaths sworn by fifty people of a locality accused of killing.
(al-Fiqh al-Islami wa Adillatuh, 7/5805; Bada’i‘ al-Sana’i‘, 7/286) - Jumhur (majority): It refers to oaths sworn by the heirs of the slain, declaring: “By Allah, so-and-so killed him.”
(al-Sharh al-Kabir, 4/293; Bidayat al-Mujtahid, 2/421)
◈ مشروعیت (Legitimacy of Qasamah)
- Narrated:
“The Prophet ﷺ maintained Qasamah as it was in Jahiliyyah.”
(Muslim: 1670; Ahmad: 4/62; al-Nasa’i: 8/4)
Thus, Qasamah was approved in Islam with conditions.
◈ Qasamah Procedure
- If a person is found killed in a town and no killer is known:
- The heirs accuse a group with suspicion or enmity.
- If they take 50 oaths, they become entitled to diyah (blood money).
- If heirs refuse, then the accused take oaths denying involvement. If they swear, they are free of liability. If they refuse, diyah is imposed.
(Subul al-Salam, 3/1621; Fiqh al-Sunnah, 3/79)
- If evidence is too weak, the Prophet ﷺ himself at times ordered diyah from Bayt al-Mal (public treasury).
(Bukhari: 2702; Muslim: 1669)
◈ Conditions for Qasamah (Hanafi View)
- Signs of killing (wound, blood, etc.) on the body.
- The killer is unknown.
- Victim must be human (not animals).
- The heirs file a claim.
- The accused deny.
- Oaths are demanded.
- The killing took place in an inhabited or guarded place.
(Bada’i‘ al-Sana’i‘, 7/287; al-Durr al-Mukhtar, 5/443)
◈ Scholarly Opinions
- Jumhur: Heirs swear first; if they refuse, then the accused swear.
- Kufans: Opposite view.
- Rajih (stronger): Jumhur’s stance, in line with Hadith.
(al-Mughni, 12/191; Bukhari: 7192) - Opposing view: Some scholars (like Abu Qilabah, Imam Muslim, Umar ibn Abdul Aziz) rejected Qasamah, claiming it contradicts the principle:
“The burden of proof is on the claimant, and oath is on the denier.”
But the correct reply: Qasamah is an exception proven by Hadith, aimed at protecting lives and deterring criminals.
◈ Key Notes
- Qasamah applies only in cases of killing.
(al-Bayhaqi, 8/122) - Abu Bakr and Umar (رضي الله عنهما) avoided implementing Qasamah for qisas but accepted it for diyah.
(Ibn Abi Shaybah, 5/444) - Oaths of non-Muslims were also recognized, as seen in the case involving Jews.
(Bukhari: 2702)
📌 Conclusion
- Qasamah is a valid Shar‘i principle, established by the Prophet ﷺ, and agreed upon by the majority of Sahabah and scholars.
- It applies only to cases of murder when evidence is weak but suspicion exists.
- The system protects lives and ensures accountability while preventing bloodshed.
