Understanding The Prophet's Life
From Issue: 782 [Read full issue]
Beyond Reasonable Doubt
Anyone, be it the individual or the state, accusing a person of an offence must prove it beyond a reasonable doubt. The burden of proof lies on the plaintiff, a principle which is based on the following hadith:
The burden of proof is on him who makes the claim, whereas the oath [denying the charge] is on him who denies. [Bayhaqi]
The plaintiff, in other words, may ask the court to put the defendant on oath if the latter denies the claim. If the claimant is required to prove his allegation, then it would follow that until such proof is forthcoming, the defendant is presumed to be innocent. This is also upheld in another hadith which provides:
If men were to be granted what they claim, some will claim the lives and properties of others. The burden of proof is on the claimant, and an oath is incumbent on him who denies. [Muslim]
Compiled From:
"Shariah Law - An Introduction" - Mohammad Hashim Kamali, pp. 182