Explanation of Hadith 33: The Burden of Proof in Islamic Law
This lecture explains the thirty-third Hadith of Imam al-Nawawi, which serves as a foundational text for the Islamic judicial system. The speaker discusses the rules of claims and evidence, detailing why the burden of proof lies on the claimant and the oath on the denier. Additionally, the lesson touches upon scholarly debates regarding conflicting evidence.
He (RH) said: The thirty-third Hadith.
On the authority of Ibn Abbas (RA),
that the Messenger of Allah ﷺ said:
“Were people given according to their claims, men would claim others' wealth and blood,
but the proof is on the claimant, and the oath is on the one who denies.”
A Hasan Hadith narrated by al-Bayhaqi and others,
and it was reported likewise in the Sahihayn.
Yes, this Hadith is the foundation in the book of...
or the chapter of claims and evidences, and likewise in the book of judiciary.
So in the chapter of claims and evidences, there must be a claim,
and no ruling is made, nor is a right given without a claim.
Secondly, the claimant is the one who must provide the evidence,
which is why the Prophet ﷺ said: "But the proof is on the claimant,"
"and the oath is on the one who denies."
This entails the issue of conflicting evidence.
If two pieces of evidence conflict, does the possessor's or non-possessor's take precedence?
The majority hold that the possessor's evidence takes precedence,
while others say the non-possessor's evidence takes precedence,
due to this hadith — the madhhab of Ahmad. The issue is very well-known.
And his ﷺ saying: "The oath is upon the one who denies":
Is the oath always on the side of the defendant,
as some scholars hold?
Or is it on the side of the stronger claimant,
even if the claimant has an indication not strong enough to establish the right?
These are very lengthy issues.
The chapter of claims and evidence is built upon this hadith. Yes.
Peace be upon you.