The Chapters On Judgements From The Messenger of Allah - Jami' at-Tirmidhi

Hadith Reference: Jami` at-Tirmidhi 1341

Text of the Hadith

"The proof is due from the claimant, and the oath is due from the one the claim is made against."

Scholarly Commentary

This noble hadith establishes a fundamental principle in Islamic judiciary procedure. The burden of proof rests upon the claimant (mudda'i) who must substantiate their claim with clear evidence, while the defendant (mudda'a 'alayh) may clear themselves by taking an oath when evidence is lacking.

Imam al-Tirmidhi classified this hadith as hasan sahih, indicating its sound authenticity. Scholars of jurisprudence have universally adopted this principle across all schools of Islamic law. The wisdom behind this ruling preserves justice by preventing baseless claims while protecting the rights of defendants.

The evidence required may be testimony of witnesses, written documentation, or other forms of proof acceptable in Shari'ah. The oath sworn by the defendant must be taken in Allah's name, affirming their innocence or denial of the claim.

Legal Applications

This principle applies to civil disputes including financial claims, property rights, and contractual obligations. It does not apply to criminal cases requiring hudud punishments, where the burden of proof remains with the accuser throughout.

If the claimant fails to produce evidence and the defendant refuses to take the oath, the claim is dismissed. If the defendant refuses to swear, judgment may be rendered in favor of the claimant according to most scholars.