Hadith 33

Hadith 33

Narrated by Ibn ‘Abbās (RA) · al-Bayhaqī (ḥasan)

Arabic Text

English Translation

— Ibn ‘Abbās (RA) (al-Bayhaqī (ḥasan))

Commentary

The foundation of Islamic procedural law — applied today in every Sharī‘ah court.

Extended Explanation

The procedural backbone of Islamic justice. The claimant (mudda‘ī) carries the burden of proof; the denier (munkir) is asked to swear an oath. Without this rule, every accusation would equal a conviction.

Ibn Rajab notes: this hadith protects the innocent. In a society without this rule, the loud, the rich, or the connected accuser would always win against the quiet defendant. Islam reverses the imbalance — the burden of producing evidence rests on the one disturbing the status quo (i.e., making the claim).

From the Scholars

"If claims were accepted without proof, lives and wealth would be lost — so the burden was placed on the claimant."

Ibn Daqīq al-‘Eid · Sharḥ al-Arba‘īn

"This is also a personal ethics: do not accuse without proof. Slander and false suspicion violate this hadith just as much as false testimony in court does."

Ibn ‘Uthaymīn

Fiqh & Rulings

  • In Sharī‘ah courts: claimant produces witnesses or documentary evidence; if absent, the defendant takes an oath of denial.
  • If the defendant takes the oath and the claimant has no proof, the case is dismissed — even if the defendant is secretly lying (his sin is between him and Allah).
  • Some rights have higher proof standards (zinā requires four eyewitnesses to the act itself) — protecting against false accusation.

Qur'ān Cross-References

24:4‘Those who accuse chaste women and do not produce four witnesses — flog them eighty lashes…’ — the Qur’ānic protection against false accusation.
49:12‘Avoid much suspicion. Indeed, some suspicion is sin.’

Key Arabic Vocabulary

البَيِّنَةُal-bayyinah

the proof / clear evidence

المُدَّعِيal-mudda‘ī

the claimant

اليَمِينُal-yamīn

the oath

أَنْكَرَankara

denied

Today's Reflection

When you accuse someone, do you have proof? If not, hold your tongue.

Key Benefits

  • 1Accusations require evidence.
  • 2Suspicion alone is not enough to act on.

Common Mistakes & Warnings

  • Spreading accusations on social media without evidence is a violation of this principle — even if the accusation is later proved.
  • ‘Innocent until proven guilty’ is the Islamic default — bringing an accusation without proof is itself sin.

Related Hadiths

Memorization Progress