The Book of Claims and Evidence

Among its topics is the claim of entitlement. The Messenger of Allah (peace and blessings be upon him) said, “The burden of proof rests upon the claimant, and the oath is upon the one who denies.” He also said to one of two men who brought their dispute before him, “Produce your evidence, or else let him swear an oath.”

According to Mālik, the defendant is not required to swear merely because a claim has been lodged; an oath becomes obligatory only when there is some prior interaction between the two parties. If the case is tainted by ambiguity or suspicion that calls for an oath, it is imposed; otherwise, it is not. When such interaction is established, the defendant swears and is acquitted. If he refuses to swear, judgment is not granted to the claimant solely on account of that refusal until the claimant himself swears to the truth of his allegation; if the claimant likewise declines to swear, nothing is awarded to him.

The operative view among us is that anyone known for dealing with people—for example, regular commercial transactions among them—and anyone who has set up