Qasamah in Islamic Law: Legitimacy, Conditions, and Rulings

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)​

1. Signs of killing (wound, blood, etc.) on the body.
2. The killer is unknown.
3. Victim must be human (not animals).
4. The heirs file a claim.
5. The accused deny.
6. Oaths are demanded.
7. 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.