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Text and translation
English translation
3245. It was narrated from ‘Alqamah bin Wā’il bin Ḥujr Al-Ḥādrāmī that his father said: “A man from Ḥādrāwāt and a man from Kindah came to the Messenger of Allāh ﷺ. The Ḥādrāmī man said: “O Messenger of Allāh, this man has taken away land that belonged to my father by force.” The Kindī man said: “It is my land, and is in my possession, and I cultivate it; he has no right to it.” The Prophet ﷺ said to the Ḥādrāmī man: “Do you have proof?” He said: “No.” He said: “Then you have to accept his oath.” He said: “O Messenger of Allāh, he is an evildoer; he does not care about an oath and he would not stop at anything.” The Prophet ﷺ said: “You have no other choice (than to accept his oath).” So he went and swore an oath, and when he left, the Messenger of Allāh ﷺ said: “If he swore an oath in order to consume wealth unjustly, then when he meets Allāh, Allāh will turn away from him.” (Saḥih)
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Footnotes
1
[1] Ajdham: Mutilated, or having the hand chopped off, and they say it may refer to his claim being cut off.
Commentary
An Islamic judge will only decide the case according to the principles of the Sharī'ah that require the plaintiff to produce a witness, or the respondent to take an oath. Whatever the religious persuasion of the defendant, he will be asked to state an oath that shall be accepted.
