What is the ruling on the so-called "Bush'ah" in which the accused is required to lick a red-hot piece of iron to prove his innocence? Does it have any origin in Islam? Does it contain anything that contradicts Islamic creed? And who bears the costs of treating those harmed by it?
"Al-Bash'a" (the abhorrent practice) is a reprehensible pre-Islamic custom akin to the gladiatorial contests of wild animals among the Romans, and to the forbidden practice of seeking omens by divination arrows. "Al-Bash'a" is based on conjecture, which is the most untruthful of speech. It contradicts Islamic law, which emphasizes verifying claims and requiring lawful evidence, as the Prophet, peace and blessings be upon him, said: "The burden of proof is on the claimant, and the oath is on the one who denies." These pre-Islamic methods cause discord and sever family ties. If "Al-Bash'a" inflicts a disability upon the accused: if he consented to it, he and all who participated in it shall be punished by discretionary penalty (ta'zir). However, if he was coerced or deceived, then liability falls upon whoever compelled or deceived him, and the assessment of this is left to the Islamic judge.
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- Original fatwa ID
- 2450
- Imported
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