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The Forty Hadiths of al-Nawawi

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On the authority of Ibn ‘Abbas, may Allah be pleased with them both,

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that the Messenger of Allah, peace and blessings of Allah be upon him, said:

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"If people were given based on their claims,

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men would surely claim the wealth and blood of others.

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However, the burden of proof lies upon the claimant,

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and the oath lies upon the one who denies."

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This is a hasan (sound) hadith,

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recorded by al-Bayhaqi and others,

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and parts of it are in the two Sahih collections.

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This hadith clarifies a magnificent principle

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regarding judiciary and justice:

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that a claim is not accepted without evidence,

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and that the fundamental principle is the preservation of rights

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and the prevention of transgression.

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Thus, the Shari'ah placed the burden of proof upon the claimant,

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and the oath upon the one who denies,

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to ensure the establishment of justice among people.

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The hadith establishes the principle of fairness

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and the protection of wealth and blood

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from false claims,

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which preserves the stability of society

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and prevents injustice.
