or theft, or other forms of unlawful aggression, such as acts committed secretly in ways that ordinarily make it impossible, in most cases, to establish proof of them. A case not involving an accusation is a claim concerning a contract—such as a sale, loan, pledge, or guarantee—or a claim that does not arise from an unlawful act, such as an established debt arising from a purchase price, loan, bridal due, compensation for harm caused unintentionally, or the like.

Either category may involve a claim concerning a prescribed punishment that is exclusively a right of Allah, Mighty and Majestic, as with drinking intoxicants and unlawful sexual intercourse. It may concern an exclusively human right, as with financial claims, or it may involve both, as with theft and highway robbery. In these two “categories,” unless the claimant presents proof recognized by Islamic law, the defendant’s statement is accepted upon his taking an oath. This is based on what Muslim narrated in his Sahīh from Ibn ‘Abbās, who said that the Messenger of Allah, may Allah bless him and grant him peace, said:

“If people were granted what they claimed merely on the basis of their claims, some would lay claim to other men’s lives and property. Rather, the oath is incumbent upon the defendant.”

Another narration from Ibn ‘Abbās in the two Sahīh collections states:

“The Prophet, may Allah bless him and grant him peace, ruled that the oath was incumbent upon the defendant.”

This hadith explicitly states that no one is to be granted anything merely on the basis of his claim. It also explicitly states that, in a claim seeking an award, the defendant is initially required to take an oath. It does not state that claims warranting punishment require nothing more than an oath from the defendant. Rather, it is established that he, may Allah bless him and grant him peace, said: “