1 00:00:00,000 --> 00:00:04,000 The Forty Hadiths of al-Nawawi 2 00:00:06,379 --> 00:00:09,380 On the authority of Ibn ‘Abbas, may Allah be pleased with them both, 3 00:00:09,380 --> 00:00:13,380 that the Messenger of Allah, peace and blessings of Allah be upon him, said: 4 00:00:13,380 --> 00:00:16,379 "If people were given based on their claims, 5 00:00:16,379 --> 00:00:21,410 men would surely claim the wealth and blood of others. 6 00:00:21,410 --> 00:00:24,410 However, the burden of proof lies upon the claimant, 7 00:00:24,410 --> 00:00:27,500 and the oath lies upon the one who denies." 8 00:00:27,500 --> 00:00:29,500 This is a hasan (sound) hadith, 9 00:00:29,500 --> 00:00:32,500 recorded by al-Bayhaqi and others, 10 00:00:32,500 --> 00:00:36,590 and parts of it are in the two Sahih collections. 11 00:00:36,590 --> 00:00:39,590 This hadith clarifies a magnificent principle 12 00:00:39,590 --> 00:00:41,590 regarding judiciary and justice: 13 00:00:41,590 --> 00:00:44,590 that a claim is not accepted without evidence, 14 00:00:44,590 --> 00:00:47,590 and that the fundamental principle is the preservation of rights 15 00:00:47,590 --> 00:00:49,590 and the prevention of transgression. 16 00:00:49,590 --> 00:00:52,590 Thus, the Shari'ah placed the burden of proof upon the claimant, 17 00:00:52,590 --> 00:00:55,590 and the oath upon the one who denies, 18 00:00:55,590 --> 00:00:58,590 to ensure the establishment of justice among people. 19 00:00:58,590 --> 00:01:01,590 The hadith establishes the principle of fairness 20 00:01:01,590 --> 00:01:03,590 and the protection of wealth and blood 21 00:01:03,590 --> 00:01:06,590 from false claims, 22 00:01:06,590 --> 00:01:09,590 which preserves the stability of society 23 00:01:09,590 --> 00:01:11,590 and prevents injustice.