The Rulings of Qasamah (Oaths of Accusation) in the Maliki School and Their Applications in Libyan Criminal Law and Customary Law (Ahkam al-Qasamah fi al-Madhhab al-Maliki wa Tatbiqiha fi al-Qانون al-Jina'i wa al-'Urf al-Libi)

Abstract

The crime of murder is either knowing the perpetrator and that is through the legally considered criminal evidence and in which retribution is established if the killing was intentional, and blood money if the killing was wrong by complete evidence or confession.

On other hand, if the crime of murder is of unknown perpetrator and there is no legally valid evidence to prove its and there is suspicion (the consort or the weak evidence) it can be legally proven through the evidence of the oath it is an oath of 50 oath from the plaintiff to prove it or from the defendant to deny it, and only blood money is required.

In fact that,  the failure of Libyan courts to apply the evidence of swearing an oath is the reason for the shortcoming in the law of retribution and blood money law.

However, the customary in  Libyan community use of swearing an oath is contrary to the maliki school of thought and it is in agreement with the Arabs before Islam.

Legislation of the evidence of swearing an oath in the criminal law has important benefits so that no blood is wasted in Islam.