عَنْ ابْنِ عَبَّاسٍ رَضِيَ اللَّهُ عَنْهُمَا أَنَّ رَسُولَ اللَّهِ صلى الله عليه و سلم قَالَ: "لَوْ يُعْطَى النَّاسُ بِدَعْوَاهُمْ لَادَّعَى رِجَالٌ أَمْوَالَ قَوْمٍ وَدِمَاءَهُمْ، لَكِنَّ الْبَيِّنَةَ عَلَى الْمُدَّعِي، وَالْيَمِينَ عَلَى مَنْ أَنْكَرَ" . حَدِيثٌ حَسَنٌ، رَوَاهُ الْبَيْهَقِيّ [في"السنن" 10/252]، وَغَيْرُهُ هَكَذَا، وَبَعْضُهُ فِي "الصَّحِيحَيْنِ"
On the authority of Ibn Abbas (may Allah be pleased with him), that the Messenger of Allah (peace and blessings of Allah be upon him) said:
Were people to be given everything that they claimed, men would [unjustly] claim the wealth and lives of [other] people. But, the onus of proof is upon the claimant, and the taking of an oath is upon him who denies. A hasan hadeeth narrated by al-Baihaqee and others in this form, and part of it is in the two Saheehs.
The hadith establishes one of the most fundamental principles of justice in Islam: claims are not accepted without evidence. Ibn ‘Abbās (raḍiyAllāhu ‘anhumā), the cousin of the Prophet ﷺ and a great scholar of this ummah, narrated this concise yet weighty guidance that underpins the entire judiciary system.
The Prophet ﷺ clarified that if claims were accepted without evidence, society would fall into chaos. People would make baseless accusations, lay claim to the property of others, or even allege responsibility for crimes like murder, simply by words. Such disorder would destroy trust, social order, and people’s rights. To safeguard against this, the Prophet ﷺ laid down the rule: the burden of proof lies with the claimant, and the oath is upon the defendant.
What do we mean by the Islamic judiciary? At its core, the judiciary deals with disputes between two parties: a claimant (mudda‘ī)—the one making a claim—and a defendant (mudda‘ā ‘alayh)—the one defending themselves against that claim. These are the general legal terms used in Islamic law.
This narration is from Ibn ʿAbbās (may Allah be pleased with him and his father). We have previously discussed him in detail. He reports to us this teaching from the Prophet ﷺ, who said in meaning: If people were given everything they claimed, then individuals would lay claim to the wealth and lives of others without any basis.
In other words, if rights were determined merely by the act of claiming, society would collapse. People could accuse one another of crimes, claim ownership over others’ property, or even allege responsibility for murder—all without proof. Such a system would lead to chaos, enmity, and endless revenge, resulting in the breakdown of social order.
The Prophet ﷺ clarified that this is not how justice works in Islam. Allah, who created mankind and knows us better than we know ourselves, established a system to preserve truth and protect society. That system requires evidence (bayyinah) to establish rights and responsibilities. A claim without evidence is rejected.
The Prophet ﷺ laid down the foundational principle: The burden of proof is upon the claimant, and the oath is upon the defendant. The term bayyinah refers to anything that makes the unclear clear and distinguishes truth from falsehood. It can take different forms, the most common being witness testimony. Thus, evidence is the responsibility of the claimant, while the defendant—if accused—may be required to take an oath by Allah in a judicial setting to deny the claim.
The claimant must therefore bring forth evidence—most commonly through witnesses or testimony. Another form of evidence is an admission of guilt: if a person confesses to wrongdoing, that confession can serve as proof. However, there are conditions. Simply claiming that someone once admitted something is not enough; the confession must be formally established and recorded in a valid manner. From the earliest times of Islam, scholars clarified that not every recorded statement automatically counts as admissible evidence.
Thus, testimony may come either from witnesses or from the accused themselves if they confess without reservation. Beyond these, there are secondary forms of evidence. While considered supportive rather than primary, they still have a role within the judicial process. Examples today would include DNA testing, fingerprinting, or forensic evidence linking a person plausibly to a crime scene. Each form of evidence, whether primary or secondary, has rules governing its admissibility, credibility, and weight in court. Determining how far such evidence may be applied is the responsibility of the judge.
This is why the Prophet ﷺ emphasized that the burden of proof lies with the claimant. Importantly, what counts as valid evidence may vary across times and contexts. Islamic law recognizes normative values and changing circumstances; thus, new forms of proof can be accommodated so long as they fulfill the principle of making the unclear clear. Moreover, evidence itself exists in levels of strength. For example, consistent witness testimony is considered a high level of proof, whereas DNA or similar forms are usually treated as supportive evidence.
In Arabic usage, different terms are used for evidence. The Qur’an employs the word البرهان (burhān) to indicate the highest and most decisive level of proof. Allah says:
يَا أَيُّهَا النَّاسُ قَدْ جَاءَكُم بُرْهَانٌ مِّن رَّبِّكُمْ وَأَنزَلْنَا إِلَيْكُمْ نُورًا مُّبِينًا
O mankind, there has come to you a conclusive proof (burhān) from your Lord, and We have sent down to you a clear light. (Qur’an 4:174)
Here, burhān refers to the Prophet ﷺ, who himself is the living proof from Allah.
Elsewhere, Allah reminds that He does not punish any people until clear evidence has reached them through a messenger:
وَمَا كُنَّا مُعَذِّبِينَ حَتَّى نَبْعَثَ رَسُولًا
And We never punish until We have sent a Messenger. (Qur’an 17:15)
Thus, in Qur’anic language, bayyinah is a general term for evidence (anything that makes the truth clear), while burhān refers to the highest and clearest form of proof. The Messenger ﷺ is both the bearer of evidence and evidence himself against those who reject the truth.
Returning to the hadith, the Prophet ﷺ stated that evidence is required from the claimant, while the defendant is obliged to take an oath by Allah if accused. Classical scholars defined the claimant (mudda‘ī) as the one who, if silent, the case is dropped, while the defendant (mudda‘ā ‘alayh) is the one who, if silent, the case continues. For example: if Ahmad claims that Bilal stole his land, but Ahmad stops pressing the matter, the case ends. Ahmad is therefore the claimant. However, if Bilal—the accused—remains silent, the case does not end; instead, he must take an oath denying the accusation. Thus, Bilal is the defendant.
Sometimes, depending on how claims and counterclaims develop, the roles of claimant and defendant can switch.
The Prophet ﷺ warned that judges must rule based on what is presented in court, not on prior personal knowledge of a case. Even if a judge privately knows the truth of a matter, they cannot base a ruling on it unless it is properly established in the judicial setting. This ensures fairness and prevents bias.
The Prophet ﷺ also cautioned about the power of eloquence. He said that disputants come to him, and perhaps one presents his case more eloquently than the other. Because of that, he may rule in favor of the more convincing speaker, even if that person is unjust. In such cases, he ﷺ warned, the unjust party has only taken a portion of the Fire, for Allah knows the reality regardless of what is proven in court.
This highlights two lessons: first, the importance of speaking clearly and truthfully, since eloquence can sway decisions; and second, that divine accountability transcends worldly rulings. One may win a case in this world through manipulation, but before Allah only truth will prevail.
This hadith teaches the balance between justice in the worldly system and accountability before Allah. In this world, order is maintained by procedure: evidence for the claimant, oath for the defendant, and rulings bound by what is formally established in court. Yet, with Allah, matters are judged by reality, not appearances.
For judges, this hadith is a reminder of the heavy responsibility they carry. Their rulings decide people’s rights, wealth, and honor, but their duty is to follow procedure faithfully, knowing that ultimate justice belongs to Allah. For individuals, the hadith is a call to honesty: never to claim what is not ours, nor deny what is rightfully another’s, even if worldly systems allow it.
Thus, this short hadith forms a cornerstone of Islamic law, embedding fairness, accountability, and divine consciousness into the heart of the judicial system.
Disclaimer:
Instructor: Sheikh Dr. Sajid Umar | STEPS TO JANNAH S4 | Forty Hadith Imam Nawawi
These are notes sharing from the Steps of Jannah classes online taught by Sheikh Dr Sajid Umar focusing on Hadith 40 an-Nawawi. The classes are still ongoing, every Monday 8pm UK time. If you would like to join, please email stepstojannah12@gmail.com
The notes written are from a student’s personal notes transcribed from the sessions. Should there be any error, May Allah forgive us, and do feedback (ain1810@gmail.com) so that it can get amended, and may it be beneficial to all of us and may Allah reward Jannah to Sh Sajid and his team for the beneficial ‘ilm being shared and to all of the students Steps to Jannah, Ameen.