Testimony, Lying and Calumny at the Interface of Islamic Law and Arabic Poetry

Abstract

Abstract The significance of the concept of ‘testimony’ permeates Islamic jurisprudence and it is invoked in Arabic literary texts as well. Truthfulness and lying (kaḏib) were a preoccupation of many Arabic literary critics and authors in assessing literary works, while the notion of ‘testimony’ could be used figuratively in poetic texts. On the other hand, Islamic law emphasises the crucial role of trustworthy testimony in legal proceedings and has developed a sophisticated system of ascertaining the integrity of witnesses. Within this context Muslim jurists sometimes explicitly discuss poets and poetry, not surprisingly in view of the fact that the Quran characterises poets as mendacious, and some ḥadīṯs also denounce poetry. Certain literary genres in particular (especially hiğāʾ and ġazal) could be interpreted by jurists as cases of calumny that substantiate legal charges of false testimony (qaḏf). Offering a copious source of intertextual references at the interface of law and literature, legal discussions of the problem of potential qaḏf in poetry are the focus of this paper and can help clarify the peculiar ways in which premodern Muslim jurists would view and assess literary texts.