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On Litigation

The foundation for adjudicating claims in the Book of Allah, Almighty and Majestic, is His statement:

“Whoever invokes another god alongside Allah, for whom he has no proof, his reckoning is only with his Lord. Indeed, the disbelievers will not succeed.” [al-Mu’minūn: 117]

And His statement:

“Is there a god alongside Allah? Say, ‘Bring your proof, if you are truthful.’” [al-Naml: 64]

And His statement:

“Those who accuse chaste women and then fail to produce four witnesses—flog them with eighty lashes, and never accept their testimony thereafter. It is they who are defiantly disobedient.” [al-Nūr: 4]

These verses establish that anyone who advances an assertion and introduces a doctrine must produce evidence establishing the truth of his assertion and proof establishing the soundness of his doctrine. Likewise, anyone who brings a claim against another concerning property, bloodshed, honour, or anything else must produce evidence supporting his claim. The Prophet, peace and blessings be upon him, explained this in his general statement: “The burden of proof rests upon the claimant, and the oath upon the one who denies.” He also said to the man who brought a land dispute before him, alleging that the other party had seized the land during the pre-Islamic period, which the other party denied: “Your two witnesses, or his oath.”

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The way to determine how to adjudicate between two litigants is to distinguish the claimant, who is required to produce evidence supporting his claim and is not permitted to swear an oath, from the defendant, who is permitted to swear an oath and is not required to produce evidence. This is done by identifying the underlying reason that distinguishes them and requires that the defendant, rather than the claimant, be called upon first to swear an oath. For the claimant’s statement may be accepted when he is effectively in the position of the defendant, while the defendant may be required to produce evidence when he is effectively in the position of