Setting
Were people to be given everything they claimed, some men would claim the properties and blood of (other) people. However, the onus of proof is on the plaintiff and the oath is upon the one who denies the claim (defendant)
Were people to be given everything they claimed, some men would claim the properties and blood of (other) people. However, the onus of proof is on the plaintiff and the oath is upon the one who denies the claim (defendant)
Ibn ‘Abbās (may Allah be pleased with him) reported: The Messenger of Allah (may Allah's peace and blessings be upon him) said: "Were people to be given everything they claimed, some men would claim the properties and blood of (other) people. However, the onus of proof is on the plaintiff and the oath is upon the one who denies the claim (defendant)."
Translations
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The Prophet (may Allah's peace and blessings be upon him) pointed out that if people were to be given on the mere basis of their claims without proof or evidence, people would claim the property and blood of others. However, a plaintiff is required to produce evidence and proof for his claim. If he has no proof, the claim shall be presented to the defendant, and in case he denies it, he is required to take an oath, after which he shall be acquitted.Benefits
Ibn Daqīq al-Eid said: This Hadīth constitutes one of the fundamentals of rulings and the best reference when dispute and conflict occurs.
The Shariah came to protect people’s property and blood from manipulation.
A judge should not rule according to his knowledge, but he should refer to clear evidence.
If anyone claims without evidence, it shall be rejected, whether it pertains to rights and transactions or the issues of Imān and knowledge.
Categories
Claims and Proofs