unlikely, the one who claims otherwise must produce evidence; otherwise, he is to be put to death. On the Day of Resurrection, the Just Judge—glorified and exalted is He—will judge between them. As for us in this world, we have only outward appearances to go by. There is no doubt that this accords with the principles of the Sacred Law in matters judged outwardly.

However, Shaykh al-Islam Ibn Taymiyyah (may Allah have mercy on him) said that the surrounding indications must be considered, because producing evidence in such cases is difficult, or even impossible; and because this happens frequently: a person may assault someone, who then defends himself until it reaches the point of killing. In such a case, the surrounding indications should be examined. If the slain person was known for evil and corruption, while the killer was known for goodness and righteousness, then the killer’s statement is accepted. In that case, he bears no liability.

This is because the Prophet’s statement, “The burden of proof is upon the claimant” (1), is agreed upon. Evidence is everything that makes the truth clear and manifest. When a strong and evident indication establishes the truthfulness of a claim, it must be acted upon. This is like the case we mentioned of a man claiming a garment that is in another person’s possession while he himself has no garment on. In that case, the claimant’s statement is accepted. For example, if we saw a man without a headcloth, and another man wearing one headcloth on his head and carrying another in his hand as he fled, while the first ran after him saying, “Give me my headcloth,” this is an evident indication supporting the claimant’s case, and it is acted upon.

Likewise, in the case of qasāmah, there is a killing involved, yet it is based upon circumstantial evidence; thus, the oaths are assigned to the side of