Is a claim for property upheld with one witness and an oath?
General Chapter
Al-Mughni
Book of Testimonies
Primary text
The majority of scholars affirm the establishment of a claim for property based on one witness and an oath. This view is narrated from Abu Bakr, Umar, Uthman, and Ali (may Allah be pleased with them). It is the position of the Seven Fuqaha, Umar ibn Abd al-Aziz, al-Hasan, Shurayh, Iyas, Abdullah ibn Utbah, Abu Salamah ibn Abd al-Rahman, Yahya ibn Ya'mur, Rabi'ah, Malik, Ibn Abi Layla, and al-Zuhri, and al-Shafi'i. The evidence supporting this is the narration from Suhayl, from his father, from Abu Hurayrah, that the Messenger of Allah (peace be upon him) ruled based on an oath with a single witness. Al-Tirmidhi classified this hadith as Hasan Gharib, and al-Nasa'i considered the narration of Ibn Abbas regarding the oath with the witness to have a good chain. Furthermore, the oath is legislated for one whose truthfulness is evident and whose side is strengthened, which applies here to the claimant whose veracity has been shown.
Supporting text
Al-Sha'bi, al-Nakha'i, the companions of the School of Opinion (Ahl al-Ra'y), and al-Awza'i state that a judgment should not be given based on one witness and an oath. Muhammad ibn al-Hasan argued that anyone who judges by one witness and an oath should have their judgment overturned, citing the Quranic verse requiring two male witnesses, or one man and two women for financial matters (Quran 2:282), as an addition to the text. He also cites the hadith, 'The evidence is upon the claimant, and the oath is upon the denier,' arguing it limits the oath to the defendant.