And the third is altered law: what is established through false testimony, judgments rendered in ignorance and injustice rather than justice and truth—thus judging by other than what Allah has revealed—or instructions to make a false acknowledgment that deprives someone of a right. An example is instructing a sick person to make an unfounded acknowledgment in favour of one heir, thereby invalidating the rights of the remaining heirs. Giving such instructions and bearing witness to such an acknowledgment are forbidden. However, a judge who is unaware of the true circumstances incurs no sin if he rules according to what appears to him to be right. The foremost of judges, may Allah bless him and grant him peace, said in the hadith recorded by both al-Bukhārī and Muslim:
“You bring your disputes before me, and some of you may present their case more eloquently than others. I judge only according to what I hear. If I award anyone something that rightfully belongs to his brother, he must not take it, for I am only allotting him a piece of the Fire.”
The other category of legal claims consists of “claims involving criminal accusations”: allegations of crimes and forbidden acts, such as killing, highway robbery, theft, and aggression against others through beating or other means. In such cases, defendants fall into three categories. The accused may be someone who is not the sort of person to commit the alleged offence; a wicked person of that sort; or someone whose character is unknown to the judge. If he is upright, there is agreement that he may not be punished.
They differed, however, over punishing the person who accuses him. An example is when stolen property is found in the possession of an upright man, and the possessor says, “I bought it in the market; I do not know