Non-Acceptance of Evidence After an Oath and the Binding Nature of Confession
✍ Written by: Imran Ayub Lahori
❀ Principle of Sharīʿah
After an oath has been taken, no further evidence is to be accepted. Moreover, if a sane and mature person makes a serious confession regarding any matter that is not considered impossible by reason or custom, that confession becomes binding upon him — regardless of the matter in question.
◈ Evidence from the Hadith
➊ As mentioned earlier, the Messenger of Allah (ﷺ) said:
شاهداك أو يمينه
"You must produce two witnesses, or else the oath will be taken from him."
[Bukhārī: 2669, Kitāb al-Shahādāt, Bāb al-Yamīn ʿalā al-Muddaʿā ʿAlayh fī al-Amwāl wa al-Ḥudūd]
➋ In another narration, after mentioning the defendant’s oath, the Prophet (ﷺ) said to the claimant:
ليس لك منه إلا ذلك
"Now you have nothing against him except that."
[Muslim: 139, Kitāb al-Īmān, Bāb Waʿīd Man Iqtaṭaʿa Ḥaqq Muslim Bi-Yamīn]
◈ Binding Nature of Confession
The Hadith states:
واغـد يـا أنيس إلى امرأة هذا فإن اعترفت فارجمها
"O Anīs, go to this man’s wife in the morning; if she confesses (to adultery), then stone her."
[Bukhārī: 2695, Kitāb al-Ṣulḥ: Bāb Idhā Iṣṭalaḥū ʿAlā Ṣulḥ Jawr fa-al-Ṣulḥ Mardūd; Muslim: 1697]
◈ Conditions for a Valid Confession
- Sane and mature (ʿāqil, bāligh): Because neither a child nor an insane person is legally accountable.
- Seriousness: A confession made in jest carries no legal weight.
- Not rationally or customarily impossible: If the confession concerns something impossible, it would be based on falsehood, and no judgment can be passed on the basis of a lie.
[al-Rawḍah al-Nadiyyah: 2/572]
A single confession is sufficient, whether it relates to causes that necessitate ḥudūd (penal punishments) or other matters, as will be discussed later.
The Prophet (ﷺ) said to Anīs:
"Go to this man’s wife; if she confesses (to adultery), then stone her."
[Bukhārī: 2695, Kitāb al-Ṣulḥ]
The detailed discussion regarding whether repetition of confession is required will come later under Kitāb al-Ḥudūd.
