What is the ruling regarding the burden of proof when evidence is absent?
General Chapter
Al-Mughni
Book of Testimonies
Primary text
The burden of proof (Bayyinah) lies upon the claimant (Mudda'i), and the oath (Yamin) lies upon the defendant (Mudda'a alayhi). This principle is established by the Prophetic tradition where the Prophet, peace be upon him, instructed the claimant lacking witnesses to accept the defendant's oath. Although one narration concerning this case had weakness in its chain of transmission according to some scholars, the principle itself is agreed upon by the scholars and acted upon by the Companions of the Prophet, peace be upon him. The necessity for testimony arises from the need to resolve disputes and denials among people.
Supporting text
In the specific case presented, when the claimant lacked proof and the defendant was alleged to be dishonest, the Prophet, peace be upon him, maintained that the claimant could only rely on the defendant taking the oath, stating that if the defendant swore falsely to unjustly seize wealth, he would meet Allah in a state of disfavor.