Book on Establishing Ownership Claims

Section
The Meaning of Establishing a Claim

Allah, Mighty and Majestic, says:

“But if it is discovered that those two were guilty of sin” [al-Mā’idah: 107]—that is, of a wrongful act entailing sin.

Establishing a claim means proving one’s right to something through evidence by which rights are established and upheld for their holders: an upright witness, a witness and two women, or a witness together with an oath, according to those who permit judgment on the basis of an oath together with a witness. Once the claimant produces such evidence, his right is established, and judgment must be rendered accordingly on the apparent facts, after the opposing party has been given an opportunity to present any objections. If the underlying reality is otherwise, however, the judge’s ruling does not make the property lawful for him.

Allah Most High says:

“O you who believe, do not consume one another’s wealth unjustly” [al-Nisā’: 29].

He also says:

“And do not consume one another’s wealth unjustly or use it to bribe the judges” [al-Baqarah: 188]—to the end of the verse.

The Messenger of Allah, may Allah bless him and grant him peace, said:

“I am only a human being like you, and you bring your disputes before me. Some of you may be more skilful in presenting their case than others, so I judge in their favour according to what I hear from them. If I award anyone anything belonging by right to his brother, let him take none of it, for I am only awarding him a piece of the Fire.”

It is also reported:

“A man from Hadramawt and a man from Kindah brought a dispute before the Prophet, peace be upon him, concerning land in Yemen. The man from Hadramawt said, ‘It is my land; this man’s father seized it unlawfully.’ The man from Kindah said, ‘O Messenger of Allah, it is my land, which I inherited from my father.’ The Prophet, peace be upon him, said to the man from Hadramawt: