❖ Oath of the Defendant (Madʿā ʿAlayh) and Judicial Decision: Sharʿī Principles and Reports ❖
By: Imran Ayub Lahori
Sharʿī Rule
When the plaintiff (madʿī) does not bring proof, the defendant (madʿā ʿalayh) is required to take an oath. The decision is then made on the basis of that oath.
✿ Evidence from Hadith
A long narration mentions that a man from Ḥaḍramawt and a man from Kindah came to the Messenger of Allah ﷺ with a dispute. The Prophet ﷺ asked the Kindī man:
ألك بينة؟ قال لا قال فلك يمينه
“Do you have any evidence?”
He said: “No.”
The Prophet ﷺ said: “Then the matter will be decided by his (the defendant’s) oath.”
The plaintiff said: “O Messenger of Allah! He is a sinful man. He does not care what he swears upon and will not refrain from anything (i.e., he may swear falsely).”
The Prophet ﷺ replied:
ليس لك منه إلا ذلك
“You have nothing against him except that (his oath).”
(Ṣaḥīḥ Abū Dāwūd: 3084, 3623 – Kitāb al-Qaḍāʾ)
This establishes that if the defendant denies the claim and no evidence is presented, the judgment is based upon the defendant’s oath.✿ Weak Report
A narration from ʿUmar رضي الله عنه states:
أن النبى صلى الله عليه وسلم رد اليمين على طالب الحق
“The Prophet ﷺ returned the oath to the claimant.”
But this narration is weak.
(al-Dāraquṭnī 4/213; al-Ḥākim 4/100; graded weak in Irwāʾ al-Ghalīl 8/267, 2642)
✿ Authentic Principle
The authentic wording in sound ḥadīth is:
ولكن اليمين على المدعي عليه
“But the oath is upon the defendant.”
Conclusion:- The defendant’s oath is the basis for judgment when no proof is brought by the claimant.
- The report of transferring the oath back to the claimant is weak.
- The sound principle, established in authentic aḥādīth, is: “al-yamīn ʿalā al-madʿā ʿalayh” — the oath is upon the defendant.
