Understanding The Prophet's Life
From Issue: 1036 [Read full issue]
Allegations
Ibn-Abbas, may God be pleased with him and his father, said that God's Messenger, may God's peace and blessings be upon him and his family, said, "If all allegations were accepted as true, people would claim other people's property and allege wrongful deaths. But the burden of proof is on the plaintiff and the oath is on the denier." [Bayhaqi]
This hadith forms one of the main blocks of jurisprudence and is the greatest reference used in settling disputes and cases. It shows that allegations are not to be accepted without proof.
Scholars have unanimously agreed that a defendant may take an oath to deny allegations in property cases but they disagreed on the right of defendants to take oaths in cases involving others matters. Some scholars said defendants may take an oath to deny all kinds of allegations against them, including divorce, marriage and emancipation. They based their ruling on the outward general meaning of the hadith. If a defendant declines to take an oath, the plaintiff can take an oath to affirm a claim and the claim becomes a binding judgment.
Abu-Hanifah, may he rest in peace, said that a defendant may take an oath to refute allegations pertaining to divorce, marriage, and emancipation. If the defendant declines to take an oath, the plaintiff's allegations become binding judgments. Abu-Hanifah said that a defendant may not take an oath to refute allegations in cases of punishable offenses such as fornication, robbery, and drinking. A defendant is asked to take an oath to deny allegations brought by the plaintiff only when the plaintiff doesn't have sufficient evidence to prove the case.
Compiled From:
"Ibn-Daqiq's Commentary on the Nawawi Forty Hadiths" - Ibn Daqiq Al-Eid