Admissibility of evidence proving prior ownership when the current possession is held by the defendant in a property dispute.
General Chapter
Al-Mughni
Book of Claims and Evidences
Primary text
There are two rulings concerning evidence presented by the claimant proving ownership in the past (yesterday or a month ago) when the defendant is currently in possession. One view holds that this evidence is admissible and judgment is passed based on it, as establishing past ownership implies its continuation until proven otherwise. The correct view is that this evidence is not heard unless the claimant also asserts present ownership. If the evidence clarifies that the defendant acquired possession unjustly (e.g., through seizure, theft, or finding a lost item), then the evidence is heard and judgment is passed, as the explicit cause of hostile possession invalidates the possessory evidence of the defendant, necessitating restoration of the prior established ownership.
Supporting text
If the claimant's evidence only states ownership yesterday without explaining the transfer, there are two views on its admissibility. However, if the defendant admits the claimant owned the property yesterday or in the past, the admission is accepted and judgment is passed accordingly. This admission is stronger than testimony because it is a self-incrimination, resolves dispute, is admissible for unknown matters, and unlike testimony, it can be heard as an initial assertion without requiring the claim to be tied to the present moment.