Law

Law

(117) On the authority of Ibn 'Abbas (may Allah be pleased with him), who said:

The Messenger of Allah (peace and blessings of Allah be upon him) said: "If people were to be given in accordance with their claim (in court), men would claim the fortunes and lives of other people. The burden of proof is on the claimant and the taking of an oath is incumbent upon him he who denies."

(Baihaqi, and part of it is related by Bukhari and Muslim)

Note 1: This Hadith means that if people were to be given everything they ask for in court, then people would be encouraged to sue each other constantly. Things would become chaotic. Therefore, in court, the person suing should be responsible for providing the proof for his claim. The person who is being sued should take an oath and swear the truth of his case.

Note 2: To Muslims taking an oath on the Koran is very sacred, and unless they thought that they were absolutely correct, they wouldn't do it.

(118) On the authority of Abu Bakarah Nufai Ibn Harith (may Allah be pleased with him) who said: The Messenger of Allah (peace and blessing of Allah be upon him) said: "May I tell you what the major sins are? (He repeated this three times). We replied: 'Certainly, O Messenger of Allah'. He said: 'Associating others with Allah; disobedience to parents, (he had been resting on a pillow, then he sat up and continued), 'telling lies and giving false testimony (perjury)". He repeated this sentence so many times that we wished he would stop.

(Bukhari and Muslim)

Note: This Hadith reiterates that perjury is a very big sin.

(119) On the authority of Abu Dharr (may Allah be pleased with him) who said:

He heard the Messenger of Allah (peace and blessing of Allah be upon him) saying: "He who claims what he does not own (in court), is not one of us. And he will find his seat in the Hell-fire."

(Muslim)

Note: For example, making a false claim means trying to acquire something you do not deserve.

(120) On the authority of Samurah (may Allah be pleased with him) who said:

The Messenger of Allah (peace and blessing of Allah be upon him) said: "He who kills his slave shall be killed. And he who mutilates his slave shall be mutilated."

(Tirmizi)

Note: When it comes to crime Islamic law is: an eye for an eye, and a soul for a soul.

Note 1: The Islamic law stating, "an eye for an eye, a soul for a soul" is a code of justice and not an act of revenge.

Note 2: The death penalty is for the benefit of the society. It is the best way to deter crime, and consequently, to allow people to be safe.

(121) On the authority of Zaid bin Khalid Al-Juhani (may Allah be pleased with him) who said:

The Prophet (peace and blessing of Allah be upon him) said: "May I tell you of the best witness? He is the one who offers his testimony before he is asked for it."

(Muslim)

(121) On the authority of Zaid bin Khalid Al-Juhani (may Allah be pleased with him) who said:

The Prophet (peace and blessing of Allah be upon him) said: "May I tell you of the best witness? He is the one who offers his testimony before he is asked for it."

(Muslim)

(122) On the authority of Abu Bakrah (may Allah be pleased with him), who said:

I heard the Messenger of Allah (peace and blessings of Allah be upon him) saying: “No judge must decide between two persons while he is angry.” Bukhari and Muslim)

(123) On the authority of 'Ali (may Allah be pleased with him) who said:

The Messenger of Allah (peace and blessing of Allah be upon him) said to him: "When two persons come to you for a decision, do not give judgement in favour of the first unless you have heard the statement of the second. It is more proper that the case should first be made clear before you." (Tirmizi)

(124) On the authority of Buraidah (may Allah be pleased with him) who said:

The Messenger of Allah (peace and blessing of Allah be upon him) said: "Judges belong to three categories: One who would be admitted to Paradise and the remaining two who would be admitted to Paradise and the remaining two who would thrown into the Hell-fire. The one who would be admitted to Paradise, would be a judge who recognized the truth and gave judgement according to it. The person who recognized the truth but deviated igiving judgement would enter the Hell fire. The man who would give judgement regarding the disputes of people, while ignorant of the case will also enter the Hell-fire."