عَنِ ابْنِ عَبَّاسٍ رَضِيَ اللَّهُ عَنْهُمَا عَنِ النَّبِيِّ صَلَّى اللَّهُ عَلَيْهِ وَسَلَّمَ قَالَ: «لَوْ يُعْطَى النَّاسُ بِدَعْوَاهُمْ لَادَّعَى نَاسٌ دِمَاءَ رِجَالٍ وَأَمْوَالَهُمْ وَلَكِنَّ الْيَمِينَ عَلَى الْمُدَّعَى عَلَيْهِ» . رَوَاهُ مُسْلِمٌ وَفِي «شَرْحِهِ لِلنَّوَوِيِّ» أَنَّهُ قَالَ: وَجَاءَ فِي رِوَايَةِ «الْبَيْهَقِيِّ» بِإِسْنَادٍ حَسَنٍ أَوْ صَحِيحٍ زِيَادَةٌ عَنِ ابْنِ عَبَّاسٍ مَرْفُوعًا: «لَكِنَّ الْبَيِّنَةَ على المدَّعي واليمينَ على مَنْ أنكر»
Translation

‘Alqama b. Wa’il told on his father’s authority that a man from Hadramaut and man from Kinda came to the Prophet, the Hadrami saying, ‘‘Messenger of God, this man has seized land belonging to me,” and the Kindi saying, “It is my land and in my possession; he has no right to it.” The Prophet asked the Hadrami if he had any proof, but he replied that he had none, so he told him that he could have the other swear an oath. He replied, “Messenger of God, the man is a reprobate who would swear to anything and stick at nothing,” but he told him that that was his only recourse. The man went off to take an oath, and when he turned his back God’s Messenger said, “If he swears about his property to take it unjustly he will certainly find God turning away from him when he meets Him.” Muslim transmitted it.

Comment

The Offices of Commander and Qadi - Mishkat al-Masabih 3764

This narration from Mishkat al-Masabih presents a profound legal case adjudicated by the Prophet Muhammad (peace be upon him) concerning land dispute between two individuals from Hadramaut and Kinda tribes.

Legal Principles of Evidence and Oath

The Prophet's ruling establishes the fundamental Islamic legal principle that the burden of proof lies upon the claimant (al-bayyina 'ala al-mudda'i). When the Hadrami claimant lacked evidence, the Prophet directed the defendant to take an oath, implementing the established rule "al-yamin 'ala al-mudda'a 'alayh" (the oath is upon the one against whom the claim is made).

The Hadrami's objection regarding the defendant's character as a "reprobate" demonstrates that mere suspicion of dishonesty does not invalidate the legal process. The Prophet maintained the established procedure, showing that Islamic law prioritizes objective legal standards over subjective character assessments in judicial matters.

Spiritual Consequences of False Oath

The Prophet's final statement reveals the severe spiritual ramifications of taking false oaths in worldly disputes. His warning that "he will certainly find God turning away from him when he meets Him" serves as a powerful deterrent against perjury, emphasizing that while human courts may be deceived, the Divine Court records all intentions and actions.

This teaching underscores the integration of legal procedure with spiritual accountability in Islamic jurisprudence, where every judicial act carries both worldly and hereafter consequences.

Scholarly Commentary on Judicial Wisdom

Classical scholars note that this case exemplifies the Prophet's wisdom in maintaining judicial integrity while acknowledging human limitations. The legal system must function even when judges cannot ascertain hidden realities, placing ultimate accountability before Allah.

The narration also teaches that Islamic law provides complete procedural justice, ensuring every party has their rights protected through established evidential mechanisms, while simultaneously cultivating consciousness of divine oversight in all affairs.