What happens when both the possessor and the claimant present valid proofs of ownership?

General Chapter

Al-Mughni

Book of Claims and Evidences

Book 65 · Issue 2 · Bab 1

Open in Qurani

Primary text

If both parties present valid proofs, the resolution depends on whether both proofs are considered operative. If both proofs are operative, the item is taken from the possessor and divided between them, according to the view favoring division. Alternatively, the item is given to the one determined by lot, according to the view supporting that method. If both proofs are considered invalid (*tasqut*), the possessor takes an oath, and the item remains in their possession, similar to a situation where no proof was presented at all.

Supporting text

If both proofs are invalidated, the possessor takes an oath, and the item remains in their possession, as if no proof had been presented.