One of my cases is going to Trial very soon. As usual I had to go through the court procedure with the clients, I informed the mother that her children (8 and 10 yrs) in order to give evidence in court they will both have to swear on the Quran.
Now she turns around and said she has a problem with her children swearing on the Quran (Please note the herself and husband will be swearing on the Quran).
As far as I know there is nothing in Islam that says Minors above the age of 5 cannot swear on the Quran. I just don’t understand why she would have any issues, I mean the children are old enough to understand the importance of the Quran, it is the book of their faith and if they where in an Islamic country by all means they would swear on the Quran, so why?
Please could someone tell me if there is any Hadith or reasoning that suggests the children should not swear by the Quran in court?
It's child abuse to force your religion on your children. You tell them 10 fairy tale stories and then in a few years you tell them to strongly believe in one of these imaginary tales as a fact and forgot the others as imaginary tales. Child Abuse!
Maybe she does not want her kids to swear by the Quran cause she is asking them to lie and she has fear of making them take a fake oath upon quran
I'm trying to convince myself that she is not lying and will not make her children lie, but maybe in actual fact she is. Who knows what goes through peoples minds, I've tried to squeeze out the truth as much as I can.
But even if they are telling the utmost truth, should she have a problem with her children giving sworn evidence? Maybe Im missing the point, could it be a personal thing?
It's child abuse to force your religion on your children. You tell them 10 fairy tale stories and then in a few years you tell them to strongly believe in one of these imaginary tales as a fact and forgot the others as imaginary tales. Child Abuse!
I don't have a clue as to what your trying to say?
The following is what I came to know. I might be wrong.
Swearing on Quran is not part of Islamic teachings and can't be found in Quran and Hadith. Quran is to be read, recited and used as the Law and guidelines for Muslims, not to be used as any other tools including for swearing.
BTW, swearing in the Quran is thought by Surah An-Nur is swear 4 times by Allah's names, with the fifth by invoking the curse of Allah if they tell a lie. However, the surah is specifically states that this kind of swear is only when a husband is accusing his wife of adultery but can't find 4 witnesses, also used by the wife to defend herself.
I'm trying to convince myself that she is not lying and will not make her children lie, but maybe in actual fact she is. Who knows what goes through peoples minds, I've tried to squeeze out the truth as much as I can.
But even if they are telling the utmost truth, should she have a problem with her children giving sworn evidence? Maybe Im missing the point, could it be a personal thing?
I dont know why it would be a personal thing, if its OK for parents, why would it not be OK for kids ..
BTW, is this court in Pakistan ? What is the age of a witness where he/she is obligated to take an oath ..
and what is the age group of witness where his/her statement can be used in a trial
The following is what I came to know. I might be wrong.
Swearing on Quran is not part of Islamic teachings and can't be found in Quran and Hadith. Quran is to be read, recited and used as the Law and guidelines for Muslims, not to be used as any other tools including for swearing.
BTW, swearing in the Quran is thought by Surah An-Nur is swear 4 times by Allah's names, with the fifth by invoking the curse of Allah if they tell a lie. However, the surah is specifically states that this kind of swear is only when a husband is accusing his wife of adultery but can't find 4 witnesses, also used by the wife to defend herself.
^ Thanks for the information.
But I assumed that the legal systems in most Islamic country's will use the method of sworn evidence by the Quran, so it should apply in this case.
In that case, I think the best solution is to take the mother into confidence and politely try to know why does she not want her children to swear. Is there any hadith that convinced her in thinking so. May be she thinks that her children are very innocent and their character should not be suspected by making them swear by the Quran. May be she thinks that this act would have a bad effect on the children who might question why were they forced to do such an act which they are not fimiliar with. May by she thinks that this act might bring an evil thought in her children's mind that in future they might do anything wrong and use the Quran to justify themselves innocent. (This might be possible in the case where they know their mother is guilty / culprit)
It all depends on how her psychology works. The best solution can be given after we come to know what is going through her mind. I might be wrong.
I dont know why it would be a personal thing, if its OK for parents, why would it not be OK for kids ..
BTW, is this court in Pakistan ? What is the age of a witness where he/she is obligated to take an oath ..
and what is the age group of witness where his/her statement can be used in a trial
The court is in the UK, the children will give evidence in a separate room through a video link, which will keep the experience less daunting as possible.
The competency of giving evidence in the UK is where the person can understand the questions put to him and also give answers to those questions which can be understood. It does not depend on age, those two requirements have to be satisfied, which in this case is. So this cannot be avoided.
^ Also this is a Civil matter, but if it was a Criminal matter then' a witness may not be sworn unless he had attained the age of 14.' I don't know why there is a difference, will have to look it up.
^ i dunno if its realted but my mom wont let anyone swear upon Quran or their child ... she thinks its not good to do so. She doesnt like anyone swearing upon anything like "meray bachoon ki sir ki qasam" or anything similar.... i guess the woman in ur case has same mentality.
I did a bit of research and the court should accept 'a promise' rather than an oath as the kids are under the age of 17. Fingers crossed the judge won't look too much into it.