Testimony and Oath: In Light of Islamic Judicial Principles
By: Imrān Ayyūb Lāhorī
The principle of Islamic justice is clear: the claimant must present evidence, and the defendant must take an oath.
The word “Khuṣūmah” means dispute.
- From the form khāṣama – yukhāṣimu (mufāʿalah): “to argue, to dispute.”
- From the form khaṣama – yakhṣimu (ḍarb): “to prevail in a dispute.”
- al-khaṣm means the opponent.
- From takhāṣama – ikhtaṣama (tafāʿul, iftiʿāl): “to dispute with each other.”
[al-Munjid: p. 208; al-Qāmūs al-Muḥīṭ: p. 994]
Evidences from the Sunnah
➊ ʿAshʿath ibn Qays (RA) said:
I and another man disputed and went to the Messenger of Allāh ﷺ. He ﷺ said:
“Shāhidāka aw yamīnuh.”
“You must produce two witnesses, otherwise he will be made to swear an oath.”
[al-Bukhārī: 2669; Muslim: 138; Aḥmad: 5/211; Abū Dāwūd: 3621; al-Tirmidhī: 2996; Ibn Mājah: 2322]
➋ Wā’il (RA) reported:
A man from Ḥaḍramawt and another from Kindah came to the Prophet ﷺ with a dispute. The Prophet ﷺ said to the Ḥaḍramī:
“Alaka bayyinah?”
“Do you have proof?”
He replied: “No.”
The Prophet ﷺ said: “Falaki yamīnah.”
“Then you must accept his oath.”
[Muslim: 139; Abū Dāwūd: 3623; al-Tirmidhī: 1340; Aḥmad: 4/317; al-Ṭayālisī: 1025; al-Dāraqutnī: 4/211; al-Bayhaqī: 10/137]
➌ Ibn ʿAbbās (RA) reported:
“Anna al-nabiyya ﷺ qaḍā bi-l-yamīn ʿalā al-muddaʿā ʿalayh.”
“The Prophet ﷺ judged that the oath be taken by the defendant.”
[al-Bukhārī: 2668; Muslim: 1711; Abū Dāwūd: 3619; al-Tirmidhī: 1342; al-Nasā’ī: 8/248]
➍ In another narration:
“Al-bayyinatu ʿalā al-muddaʿī wa-l-yamīnu ʿalā man ankar.”
“The burden of proof is upon the claimant, and the oath is upon the one who denies.”
Summary:In Islamic judicial principles:
- The claimant is obliged to provide evidence.
- If evidence is absent, the defendant must swear an oath.
- This ensures justice, prevents false claims, and protects rights.
