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Compurgation

Compurgation was a medieval legal practice originating in Germanic customary law, wherein an accused individual could prove innocence by swearing an oath of denial and securing the support of a specified number of oath-helpers, or compurgators, who attested to the defendant's general credibility rather than specific facts of the case.^[1]^[2] This method, also known as the wager of law in English common law contexts, relied on communal trust and social reputation, reflecting the kinship-based justice systems of early medieval Europe where direct evidence was often scarce.^[1]^[3] The procedure typically unfolded in local courts, such as the Anglo-Saxon hundred courts, where the defendant first proclaimed innocence under oath; the number of required compurgators varied by the offense's severity—often 12 for serious crimes like theft or murder, but fewer (e.g., 3 for deacons or 6 for priests) in ecclesiastical cases involving clergy.^[2]^[3] These supporters, who had to be free men of good standing without criminal records and from the same social class as the accused, swore collectively that they believed the oath-taker's veracity, carrying sacramental weight in canon law traditions adopted from the 6th century onward.^[2]^[1] Failure to assemble the full panel or any compurgator's refusal to swear could result in conviction, while success cleared the accused without further trial, serving as an alternative to more punitive methods like trial by ordeal.^[3] It was widely employed across Europe in both secular and church courts from the early Middle Ages, with roots traceable to laws like the 5th–6th century Lex Salica and 7th-century English codes under rulers such as Ine of Wessex.^[1] Compurgation's significance lay in its role in preventing blood feuds by leveraging community endorsement, but it drew criticism for enabling perjury and fraud, prompting judicial reforms that increased oversight, such as allowing judges to appoint compurgators or reduce their numbers based on evidence.^[2] In England, its use persisted into the 12th century but waned after the Norman Conquest of 1066 and the Assize of Clarendon (1166), which promoted presentment by neighbors and early jury inquests, gradually supplanting it with the emerging jury system following the Norman Conquest and the Assize of Clarendon in the 12th century, with its use in secular and criminal matters largely ending then, while persisting in civil cases until the 19th century.^[1]^[3] Though never adopted in British colonies, echoes of compurgation's community-driven judgment appear in later developments like jury nullification, where jurors acquit based on conscience despite evidence.^[1]

Terminology and Definition

Etymology

The term "compurgation" derives from Late Latin compurgātiō (accusative compurgātiōnem), denoting complete purification, formed by combining the intensive prefix com- (meaning "together" or "thoroughly") with purgāre ("to cleanse," "purify," or "clear").^[4] This medieval Latin form compurgatio emerged in ecclesiastical and legal contexts to describe the act of jointly clearing an accused person through oaths.^[4] In English, the term entered usage in the 16th-17th centuries, with earliest known uses around 1525-1658, derived from Late Latin via Medieval Latin and French influences, and was synonymous with "oath-helping." A related phrase, "wager of law," originated as a translation of Medieval Latin vadiatio legis ("pledge of law"), with "wager" deriving from Anglo-French wageure (c. 1300), ultimately from Old Northern French wagier ("to pledge"), akin to Old English wǣd ("pledge" or "security"). The term "wager of law" first appears in English legal texts from the 12th century, reflecting its roots in early medieval pledging practices.^[5]

Definition and Overview

Compurgation was a medieval trial method employed in various European legal systems, particularly in Germanic and early English law, whereby the accused could establish innocence through a sworn oath of denial, bolstered by the supportive oaths of compurgators—also known as oath-helpers—who attested to the defendant's general credibility and good character rather than specific facts of the case.^[1]^[6] This process emphasized communal validation over empirical evidence, allowing the accused to "purge" themselves of the allegation by demonstrating sufficient social trust within their community.^[1] Utilized in both civil disputes, such as debt claims, and criminal matters ranging from minor offenses to serious crimes like theft and murder where direct proof like witnesses or physical evidence was unavailable or insufficient, compurgation served as an accessible defense for individuals of reputable standing, often as an alternative to more invasive methods like trial by ordeal.^[6] It underscored the era's reliance on reputation and interpersonal relationships in adjudication, functioning as a mechanism to resolve conflicts peacefully and prevent escalation into feuds.^[1] Key characteristics of compurgation included its dependence on oral testimony and collective swearing, typically requiring a fixed number of compurgators selected from the defendant's peers or neighbors who were familiar with their integrity.^[6] In English common law contexts, this number commonly totaled twelve for graver accusations, reflecting a standardized approach influenced by canon law traditions, though it could vary for lesser offenses.^[1] If the compurgators successfully affirmed the oath without faltering, the defendant was acquitted, highlighting the system's trust in shared social bonds over adversarial confrontation.^[1]

Historical Origins

In Germanic and Early Medieval Law

Compurgation originated in the customary laws of early Germanic tribes during the 5th to 8th centuries, serving as a primary mechanism for resolving disputes through collective oath-taking rather than physical confrontation or supernatural judgment. In the Lex Salica, promulgated around 507–511 CE by Clovis I, King of the Franks, oath-helpers (known as conjuratores) were invoked to support an accused individual's denial of charges, particularly in cases lacking direct evidence.^[1] This practice emphasized communal trust, with kin or neighbors swearing to the accused's credibility, reflecting the tribal emphasis on group solidarity over individual confrontation. Similarly, the Edict of Rothari (643 CE), the foundational Lombard law code, incorporated compurgation as a standard proof method, requiring twelve sacramentales (oath-takers) to affirm the party's veracity in civil and minor criminal matters.^[1] In Frankish legal traditions, compurgation was primarily available to the nobility for accusations such as theft or assault, with exceptions allowed for freemen if the accuser agreed; the accused could clear themselves by assembling oath-helpers from their social circle to corroborate their oath of innocence. For instance, in disputes over stolen property or minor violence, the number of compurgators typically ranged from six for lesser offenses to twelve for more serious ones, underscoring the procedure's scalability based on the allegation's gravity.^[1] In cases of heightened severity, such as sorcery or severe assault, later medieval adaptations influenced by Frankish customs could demand up to several dozen oath-takers, though early codes like the Lex Salica focused on smaller groups to ensure feasibility within tribal structures.^[7] This oath-based system prioritized social reputation and communal endorsement, allowing the accused to avoid harsher alternatives like wergild payments or exile. The procedure gained further prominence in early medieval Europe through the integration of canon law, particularly following the Fourth Lateran Council's decree in 1215, which prohibited clerical participation in trials by ordeal and thereby elevated oath-based proofs like compurgation as a sanctioned alternative.^[8] Canon 18 of the council explicitly banned priests from blessing ordeal instruments, such as hot irons or boiling water, depriving these divine judgments of ecclesiastical legitimacy and compelling secular courts to rely more heavily on rational elements like witness oaths.^[8] This shift, driven by theological critiques from figures like Peter the Chanter, marked a transitional phase toward evidence-based adjudication while preserving compurgation's role in clearing minor accusations within Christianized Germanic frameworks.^[8]

Adoption in English Common Law

Compurgation, a practice already present in Anglo-Saxon England, was blended with Norman legal influences following the Conquest of 1066, becoming an established element of the emerging common law system. The Normans, drawing from continental customs including canon law traditions, integrated oath-based proofs into the feudal courts, where they coexisted with trial by combat reserved for higher-status disputes. This synthesis allowed compurgation to serve as an accessible defense for freemen in minor civil and criminal matters, reflecting a continuity from Anglo-Saxon community oaths while adapting to centralized royal authority.^[1] By the late 12th century, under Henry II's legal reforms, compurgation was codified in key texts such as Ranulf de Glanvill's Tractatus de legibus et consuetudinibus regni Angliae (c. 1187–1189), which described its application in the King's Court for actions like debt and detinue. In debt cases, a defendant could deny the obligation through the "wager of law," swearing innocence supported by compurgators' oaths, as outlined in Book X, Chapter 2, where proof alternatives included witnesses, charters, or battle but emphasized oath-helping for straightforward denials. Similarly, detinue actions for withheld chattels permitted this mode, with Glanvill noting its role in resolving possession disputes without jury intervention, underscoring its utility in civil claims where direct evidence was scarce. For minor felonies, such as trespass, it offered a path to clear the accused, as seen in 13th-century records like the case of John Fox (1285–1327).^[9]^[10]^[1] The practice evolved from informal, kin- or community-based oaths in local courts to a formalized procedure overseen by royal justices in assizes established by Henry II's assizes, such as the Assize of Clarendon (1166), which institutionalized proofs while retaining compurgation for non-capital cases. This shift emphasized judicial oversight, with compurgators selected from the vicinage to vouch for the defendant's truthfulness rather than specific facts, transforming it into a structured element of common law proceedings. However, its availability was restricted to those of good reputation, as poor character disqualified defendants from securing reliable oath-helpers, ensuring it reinforced social norms within the legal framework.^[1]^[9]

Procedure in Common Law

Initiation and Surety

Compurgation in English common law, known as the wager of law, was typically initiated by the accused upon a flat denial of the charge, known as a "thwert-ut-nay," when the evidence presented was circumstantial or insufficient, such as in civil suits for debt recovery where no witnesses could corroborate the claim.^[11] Primarily used in civil matters after the 12th century, with criminal applications declining following the Fourth Lateran Council of 1215 which banned ordeals, this offer to "wage law" allowed the defendant to propose clearing themselves through an oath supported by compurgators, a practice rooted in Anglo-Saxon traditions and formalized under Norman rule by the late 12th century.^[12] ^[13] It served as an alternative to more invasive proofs like ordeal or battle, particularly in cases lacking direct testimony, and was invoked voluntarily by the defendant to shift the burden of validation to communal oath-taking.^[11] Central to the initiation was the role of surety, which required the accused to provide a pledge—often in the form of property, a bond, or personal sureties—to guarantee their court appearance and the subsequent production of reliable compurgators.^[14] This security, termed "gage and safe sureties" in contemporary treatises, ensured the process's integrity; if the defendant defaulted or failed to secure credible oath-helpers, the pledge was forfeited, rendering the defense invalid and potentially leading to judgment against them.^[15] Such requirements prevented frivolous invocations and aligned with broader medieval practices of binding individuals through communal or feudal obligations.^[12] In 12th-century England, under the legal framework described in Glanvill's treatise, sureties frequently involved ecclesiastical endorsements or guarantees from community leaders, such as local priests or tithingmen, to deter abuse and affirm the accused's social standing.^[14] For instance, in debt actions, the defendant might be placed under "pone per vadium et salvos plegios," compelling them to post sureties before proceeding to gather compurgators.^[15] This system reflected the era's emphasis on reputation and collective responsibility, with sureties often drawn from kin or neighbors to vouch for the defendant's veracity prior to the oath-taking itself.^[11]

Determining Facts and Selecting Compurgators

In the procedure of compurgation under medieval English common law, the court, typically through justices or presiding officials, first narrowed the disputed issues of the case to specific allegations that could be resolved by oath. This process involved identifying the core facts in contention, such as the occurrence of a debt, theft, or assault, often through preliminary pleadings or inquests that established the parameters of the dispute.^[10] Compurgation was reserved exclusively for "oath-worthy" facts—those within the personal knowledge of the accused, like intent, denial of liability, or direct involvement in an event—where direct evidence was absent or insufficient, distinguishing it from issues requiring witness testimony or physical proof.^[16] The selection of compurgators, also known as oath-helpers, adhered to strict criteria to ensure impartiality and credibility. These individuals had to be peers of the accused, matching their social standing as freeholders or landholders of equivalent rank, and were expected to demonstrate piety and moral uprightness to affirm the oath's religious validity.^[16] Typically, twelve compurgators in total (the defendant's oath plus eleven helpers) were required in English common law cases, though the number could be six for lesser offenses like trespass; close kin were excluded to prevent bias from familial ties.^[1] ^[17] The accused nominated the compurgators from their local community, drawing on neighbors or acquaintances who knew their character. The court then vetted these nominees for suitability, inquiring into their reputations and relationships to the parties involved; any with a tainted reputation, enmity toward the plaintiff, or prior involvement in perjury could be rejected, potentially forcing the accused to find replacements or face alternative proofs like ordeal.^[16] This vetting often included public proclamation to allow objections, reinforcing the communal basis of the practice.^[18]

The Oath-Taking Process

The oath-taking process in compurgation began with the defendant swearing a primary oath of innocence, typically administered in court on sacred objects such as holy relics or the Bible to invoke divine sanction and ensure truthfulness. This oath explicitly affirmed the defendant's innocence regarding the specific facts of the accusation, such as denying involvement in a theft or assault, and was phrased to directly address the charge at hand.^[1]^[2] Following the defendant's oath, the selected compurgators—typically eleven in number for standard cases, or five for lesser offenses—took their supporting oaths sequentially in the presence of the court. Each compurgator swore an affirmation such as "I believe [the defendant] has sworn the truth" or that the oath was "clean and unperjured," thereby vouching for the defendant's overall credibility and good character rather than providing direct eyewitness testimony.^[16] ^[1] This ceremonial repetition underscored the collective moral weight of the oaths, performed one after another to build communal validation under the scrutiny of the judge and assembly.^[2] Upon successful completion, with all compurgators affirming without hesitation, the accused was fully cleared of the charge, restoring their reputation and ending the proceedings in their favor. However, failure occurred if even one compurgator refused to swear, faltered, or was absent, resulting in the defendant's conviction on the original accusation or, in some cases, referral to trial by ordeal as an alternative proof method.^[1]^[2]

Wager of Law

The wager of law, also known as compurgation in its civil form, served as a defensive mechanism in English common law primarily for cases involving debt, covenant, or trespass, where the defendant would formally deny the plaintiff's claim through a sworn oath supported by oath-helpers, or compurgators, thereby "waging" their credibility against the accusation.^[1]^[19] This procedure allowed the defendant to avoid liability by affirming under oath that no debt or obligation existed, with the compurgators attesting to the defendant's truthfulness based on their knowledge of the party's character.^[20] Unlike broader applications of compurgation, the wager of law emphasized material facts such as payment or performance rather than moral innocence.^[20] Prominent from the 13th to the 16th centuries, the wager of law was a staple in civil litigation, reflecting the common law's reliance on communal reputation and solemn oaths amid limited evidentiary standards.^[1] The Statute of Westminster I (1275) helped regulate its application by codifying procedures for actions like debt and trespass, aiming to curb frivolous defenses and ensure orderly trials, though compurgation itself persisted as an option alongside emerging jury practices.^[20] In practice, the defendant typically needed to secure eleven additional compurgators—free and lawful men from the vicinity—who would join in a collective oath, often performed in a church with hands on relics, to validate the denial.^[20] Distinguishing it from general compurgation, the wager of law adopted a more formalized structure in civil courts, mandating a fixed panel of twelve compurgators for most disputes to heighten reliability and prevent abuse.^[1] While compurgation in other contexts might vary in number or setting, this civil variant was confined to non-criminal matters after its earlier abolition in felonies under the Assize of Clarendon (1166), shifting focus to ecclesiastical or alternative proofs for serious crimes.^[1] The process culminated in the oath-taking, where any deviation could invalidate the defense, underscoring the era's emphasis on ritual precision.^[20]

Trial by Ordeal and Wager of Battle

Trial by ordeal was a medieval method of determining guilt or innocence through physical tests believed to invoke divine judgment, commonly involving fire or water. In the fire ordeal, the accused carried a red-hot iron or walked over hot plowshares, with the resulting injury examined after three days: healing indicated innocence, while infection suggested guilt. The cold water ordeal, more frequently used for lower classes, entailed binding the accused and submerging their body in blessed water; sinking was deemed proof of innocence, while floating indicated guilt, as pure water would accept the innocent. The hot water ordeal required the accused to plunge their hand or arm into a cauldron of boiling water to retrieve a blessed object, with the wound bandaged and examined after three days for signs of healing to determine innocence. This practice was employed in criminal cases, particularly when compurgation failed due to insufficient oath-helpers or in serious offenses where community reputation could not resolve the matter.^[21]^[22] The Fourth Lateran Council in 1215 effectively banned ordeals by prohibiting clerical participation, as priests could no longer bless the instruments or administer the rites, rendering the process impossible without ecclesiastical sanction. This canon (18) stemmed from theological critiques viewing ordeals as tempting God unnecessarily and empirical doubts about their reliability, accelerating the shift toward rational proofs like inquests. In England, the ban's impact was immediate following the 1208-1214 papal interdict, leading to widespread abandonment of ordeals by 1219.^[8]^[21] Wager of battle, or judicial duel, involved combat between the accuser and accused or their champions to settle disputes, with the victor presumed favored by God and thus in the right. This method applied primarily to felonies and appeals of crime after the Assize of Clarendon in 1166, which restricted compurgation for notorious suspects by mandating presentment and subsequent ordeal or battle if compurgation was denied. Under the Assize, individuals accused on specific facts or lacking community support faced duel instead of oath-based proofs, emphasizing physical prowess over testimonial reputation.^[23]^[24] Compurgation differed from these alternatives by relying on communal oaths to affirm the accused's character in reputation-dependent cases, whereas ordeals and battles addressed evidential voids in serious crimes through supernatural or martial means. Ordeals suited friendless defendants in criminal matters without witnesses, while battles resolved personal quarrels or felonies post-Clarendon restrictions, all presupposing divine intervention absent modern evidence. These proofs coexisted in early medieval law but declined together with the rise of jury trials, as the Assize of Clarendon and later reforms favored presentment juries for fact-finding, rendering oath, fire, water, and combat obsolete by the 13th century.^[22]^[25]^[1]

Abolition in Western Systems

Early Restrictions and Decline

The Constitutions of Clarendon in 1164 limited ecclesiastical privileges in criminal cases involving clerics, requiring them to appear in secular courts for felonies and thereby curbing the church's independent handling of such matters.^[1] This measure contributed to confining compurgation primarily to civil disputes and minor offenses, marking a shift toward greater royal control over criminal procedure.^[1] In canon law, curbs on compurgation emerged in the thirteenth century, reflecting growing concerns over the method's vulnerability to manipulation, particularly when public fame of guilt undermined the oaths' presumed divine sanction.^[18] The procedure's decline accelerated under Henry II (r. 1154–1189), whose legal reforms, including the Assize of Clarendon (1166), promoted presentment juries as a preliminary fact-finding tool in criminal cases, gradually supplanting compurgation with a more collective and evidentiary approach to adjudication.^[1] On the continent, compurgation waned in the late medieval period as inquisitorial procedures emphasizing witness testimony and torture gained prominence in regions like France and the Holy Roman Empire by the 13th–14th centuries.^[26] By the sixteenth century, Renaissance humanism fostered broader skepticism toward the reliability of oath-based proofs, emphasizing rational inquiry and empirical evidence over what critics saw as superstitious reliance on compurgators' declarations.^[1] Remnants of compurgation persisted into the seventeenth and eighteenth centuries, mainly in ecclesiastical courts for matters like defamation or minor moral offenses, where defendants could still purge accusations through oath-helpers.^[1] However, William Blackstone critiqued it harshly in his Commentaries on the Laws of England (1765–1769), labeling wager of law—a civil variant of compurgation—as an outdated "Gothic" custom prone to perjury, which enabled the "most notorious rogue" to evade justice by procuring false oaths.^[27]

Final Abolition and Legacy

Compurgation, known in its later common law form as wager of law, was finally abolished in England by the Civil Procedure Act 1833 (3 & 4 William IV, c. 42), which prohibited its use in any civil action, marking the end of this oath-based defense across the legal system. This reform eliminated the last vestiges of a practice that had already declined with the rise of jury trials and empirical evidence standards. In the United States, where English common law influenced colonial and early state jurisprudence, wager of law had limited application and was effectively obsolete by the early 19th century; the Supreme Court in Childress v. Emory (1823) affirmed its non-existence under constitutional jury trial guarantees, with broader procedural reforms in states during the 19th century reinforcing its abolition.^[1] The Judiciary Act of 1789, establishing federal courts on common law principles, implicitly sidelined such archaic methods in favor of witness testimony and documentary proof. The legacy of compurgation endures in modern evidentiary practices, particularly in the admission of character evidence to bolster or impeach witness credibility, as the medieval reliance on oath-helpers to vouch for a party's reputation foreshadowed contemporary rules allowing reputation or opinion testimony about truthfulness.^[28] It also parallels perjury laws, where false oaths under penalty of severe sanction—historically including excommunication or forfeiture—evolved into statutory prohibitions on lying in judicial proceedings, emphasizing the sanctity of sworn statements. Symbolically, compurgation represents a pivotal shift in Western legal history from communal oaths and divine judgment to empirical proof and adversarial fact-finding, underscoring the transition to rational, evidence-based adjudication.^[26] While obsolete in Western systems, elements of compurgation survive rarely in customary laws of parts of Africa and Asia, where collective oath-taking by community members or "oath-helpers" resolves disputes in tribal or traditional settings, often invoking supernatural sanctions to enforce truthfulness.^[7] These practices, though diminishing under modern statutory influences, highlight compurgation's broader anthropological role in maintaining social cohesion through reputational accountability.^[29]

Compurgation in Islamic Law

Concept of Qasamah

Qasamah represents a form of collective oath-taking in Islamic jurisprudence, employed to adjudicate homicide cases lacking direct witnesses or evidence, whereby fifty oaths are sworn by members of the victim's agnatic kin to substantiate their accusation against a suspect, potentially leading to the suspect's exoneration if the oaths are not upheld or countered.^[30] This mechanism shifts the burden of proof through communal swearing, aiming to establish or refute culpability in the absence of bayyinah (clear testimony).^[31] The theoretical foundation of qasamah draws from Quranic principles on oaths in evidentiary matters, particularly Surah Al-Ma'idah (5:107-108), which addresses the replacement of perjured witnesses with others who swear to the veracity of their testimony, providing an analogical basis for collective oaths in disputes. Supporting Hadith further legitimize its use, such as the Prophet Muhammad's application in a case of murder among the Ansar in Khaybar, where he invoked oaths to resolve liability for blood money, though he ultimately covered it himself.^[32] Originating in pre-Islamic Jahili practices as a tribal procedure to clear communities of murder charges through fifty oaths, qasamah was adapted into Sharia during the early Islamic period, particularly under the Umayyads, to curb endless blood feuds by offering a structured evidentiary alternative to vendettas.^[33] In terms of scope, qasamah applies to homicide cases where the perpetrator is unknown or unproven by direct evidence, such as when the victim's body is found in the territory of a suspect group; it allows the victim's heirs to claim diyah (blood money) through 50 oaths but does not establish qisas (retaliation) for intentional murder (qatl amd), which requires bayyinah, and can apply across homicide categories including unintentional (qatl khata') and quasi-intentional (qatl shibh amd).^[34]^[35] This application contrasts across fiqh schools: the Hanafi school broadly accepts qasamah as sufficient for exoneration or liability via fifty oaths sworn by fifty people from the accused's locality in cases lacking proof, emphasizing communal responsibility, whereas the Maliki school limits its use to scenarios with partial evidence like a single witness or dying declaration, prioritizing direct corroboration over pure oath-taking to avoid potential abuse.^[34] Such variations reflect differing emphases on evidentiary rigor versus communal harmony in resolving ambiguous homicides.^[36] Qasamah parallels Western compurgation in its reliance on group oaths to bridge evidentiary voids in criminal matters.^[32]

Procedure and Historical Context

The procedure of qasamah in Islamic law typically begins with the suspect or accused party denying the charge of murder or homicide and swearing an oath of innocence.^[37] If the heirs or kin of the victim reject this denial and demand further proof, they may then take 50 oaths collectively or individually in a public setting, affirming the guilt of the accused based on suspicion or circumstantial evidence, such as the body being found in the accused's territory.^[38] Success in completing these 50 oaths entitles the heirs to diyah (blood money) as compensation from the accused or their group, thereby freeing the suspect from qisas (retaliatory punishment), while failure to complete the oaths results in the case being dropped without liability.^[31] Qasamah emerged during the early caliphates of the 7th century, drawing from pre-Islamic Arab practices but adapted and endorsed by the Prophet Muhammad and his companions as a means to resolve homicide cases lacking direct evidence.^[39] It was formalized in key medieval texts, such as Al-Muwatta by Malik ibn Anas in the 8th century, which outlines the oath requirements in detail within the Maliki school of jurisprudence.^[38] The practice persisted in historical Islamic courts, including those of the Ottoman Empire, where qasamah served as a standard evidentiary tool in murder trials under Hanafi-influenced Sharia, and in the Mughal Empire, where it was applied in judicial proceedings to balance retribution and compensation.^[40] In modern contexts, qasamah remains incorporated into the penal and evidentiary frameworks of certain Muslim-majority states, such as Pakistan's Qanun-e-Shahadat Order of 1984, which recognizes oath-based proofs in homicide cases, and Saudi Arabia's application of uncodified Sharia, where it functions as a discretionary tool in qisas proceedings as of 2025. However, it faces criticisms for inherent gender bias, as traditional interpretations often restrict the 50 oaths to male kin of the victim, excluding or devaluing women's testimony, prompting ongoing discussions within ijtihad (independent reasoning) frameworks for reforms to promote inclusivity and alignment with contemporary equity principles.^[41]

References

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Etymology. Late Latin compurgation-, compurgatio, from Latin compurgare to clear completely, from com- + purgare to purge ; First Known Use. circa 1658, in the ...<|control11|><|separator|>
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The great bulk of the laws concern chiefly such questions as the practice of compurgation, ordeal, wergild, sanctity of holy places, persons, or things; the ...<|control11|><|separator|>
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[28]
Blackstone's Commentaries on the Laws of England - Book the Third
In an action of debt brought by an attorney for his fees, the defendant cannot wage his law, becaufe the plaintiff is compellable to be his attorney.
[29]
Bouvier's Law Dictionary, 1856 Edition - Letter W - Constitution.org
3. If ever wager of law had any existence in the United States, it is now completely abolished. 8 Wheat. 642. Vide Steph. on Plead.
[30]
[PDF] Legitimizing Character Evidence - Emory Law Scholarly Commons
Jan 30, 2019 · was considered an advancement from the wager of battle and trial by ordeal that preceded it—insofar as it provided the defendant a form of ...Missing: english | Show results with:english
[31]
The Legitimacy of Medieval Proof | Journal of Law and Religion
Apr 24, 2015 · In the practices of the ordeals, compurgation or wager of law and judicial duel, faith mingled with superstition, justice with mercy, divine ...
[32]
[PDF] Oath Swearing in Nigerien Customary Law
In Niger, oath swearing is more consequential than in the US, with potential grave supernatural sanctions, unlike the US where consequences are mostly legal.
[33]
concept of QASAMA - ISLAMIC UNIVERSITY IN UGANDA ... - Studocu
Rating 5.0 (1) ... (agnatic relatives) swear fifty (50) oaths in order to corroborate their suspicion / allegation. This oath is always taken in court in an open place and the ...Missing: exonerate | Show results with:exonerate
[34]
8. Crime and Punishment (QasAmah, QisAs, HadUd)
QasAmah literally means 'taking an oath,' but in the terminology of the sharI'ah, it is an oath of a particular type and taken under particular conditions. For ...Missing: scope | Show results with:scope
[35]
[PDF] Procedural law between traditionists, jurists and judges
Comparing the Jahili law of qasàma with Islamic and Jewish law, Patricia. Crone suggests that the doctrine in question was a fusion of Jewish and Jahili laws.
[36]
[PDF] Law of Murder under Islamic Criminal Law: An Analysis - CORE
No circumstantial evidence is admitted but the knowledge of qadi is a valid basis for the judgment.' In contrast, it has been noted that as Islamic criminal ...
[37]
Qasamah in Islamic Law: Legitimacy, Conditions, and Rulings
Sep 9, 2025 · Qasamah means fifty oaths sworn by fifty people of a locality accused of killing. ... Thus, Qasamah was approved in Islam with conditions.
[38]
[PDF] Jurisprudential Analysis of Qisas: The Views of the Maliki School of ...
Jun 5, 2024 · This is because even if a person "killed" by mistake, this does not obligate Qisas, so it is becoming common that no Qisas is applied in cases ...
[39]
Islamic Law on Evidence and Oath: Understanding Qasamah (Joint ...
Rating 5.0 (5) Al-Qasamah is defined to mean the oath taken by 50 men from among the people of the slain man. This most applies in instances of homicides.Missing: scope | Show results with:scope
[40]
MALIK'S MUWATTA, BOOK 44: The Oath of Qasama
Malik said, "At least two claimants must swear in murder. The oaths are repeated by them until they swear fifty oaths, then they have the right to blood. That ...
[41]
Proving Murder by Qasamah (Oathtaking): A Historical Analytical ...
Abstract: This article examines the concept of qasamah (taking an oath) as a means of proof in murder cases in the absence of other physical evidence. Detailing ...Missing: 50 kin exonerate suspect
[42]
The Transition from Traditional to Western Criminal Law in Turkey ...
?' procedure, called qasama, was usual in the Ottoman Empire. (1). Both of these traditional procedures are found in art. 26 of the. Munlakhab, which says ...
[43]
Oath of Woman in Qasamah - Judicial Law Views Quarterly
Some of jurists have been accredited oath of the women, but some of those believed that gender man is necessary condition in Qasamah. Also they have ...