The Offices of Commander and Qadi - Mishkat al-Masabih 3763

A classical commentary on the hadith narrated by Ibn 'Abbas concerning judicial rulings based on oath and single witness.

Textual Analysis

The Prophet's ruling demonstrates flexibility in judicial procedures when full evidence is unavailable. This represents a middle path between strict evidential requirements and complete dismissal of claims.

The oath serves as religious and legal reinforcement of the claimant's testimony, while the single witness provides partial corroboration of the claim's validity.

Legal Principles

This ruling establishes that in certain civil matters, a combination of oath and single witness may suffice when two witnesses are unavailable.

Scholars differ on application: Hanafis restrict this to property cases, while Shafi'is extend it to other civil claims. The oath's weight varies by school - some treat it as equivalent to a second witness, others as supplementary evidence.

Scholarly Interpretation

Al-Nawawi explains this hadith demonstrates the Prophet's wisdom in balancing rights - protecting defendants from false claims while ensuring plaintiffs have access to justice.

Ibn Qudamah notes this ruling particularly applies when the claimant is known for piety and the claim appears credible, with the oath serving as spiritual deterrence against falsehood.

Practical Application

Qadis historically applied this principle in cases involving missing documentation or unavailable witnesses, requiring stringent conditions to prevent abuse.

Modern Islamic courts maintain this procedure for certain civil disputes, particularly where written evidence is lacking but oral testimony suggests merit in the claim.