What is the procedure when the defendant denies the claim?

General Chapter

Al-Mughni

Book of Judiciary

Book 62 · Issue 3 · Bab 1

Open in Qurani

Primary text

If the defendant denies the claim by stating, 'You have no right against me,' this becomes a matter requiring evidence (bayyinah). The judge must ask the claimant, 'Do you have evidence?' This is based on the Hadith where two men disputed before the Prophet (peace be upon him); when the claimant lacked evidence, the Prophet offered him the oath of the defendant. This Hadith is described as Hasan Sahih (good and authentic).