accusations and evidence

Aqdas

Aqdas

Ridawi.org
Staff member
what is the procedure of making an accusation against someone?

1. are we allowed to simply accuse someone of wrongdoing and people take our word for it?
2. or do we have to provide evidence too?
a. what counts as evidence? will, 'I heard it from someone I know well' suffice?
3. should we even publicise the wrongdoing:
a. if it's a personal matter
b. if it's a religious matter concerning muslims
 
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بسم الله الرحمن الرحيم

(1) البينة على المدعي واليمين على من أنكر

(2) Allama Taftazani al Khurasani states, "4 witness are required for a share3 fatawa to be given".
 
snaqshi said:
بسم الله الرحمن الرحيم

(1) البينة على المدعي واليمين على من أنكر

(2) Allama Taftazani al Khurasani states, "4 witness are required for a share3 fatawa to be given".
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please translate the first line, for everyone's benefit.
 
بسم الله الرحمن الرحيم

البينة على المدعي واليمين على من أنكر


The hadeeth shareef can be understood in the terms that "the burden of proof us upon the plaintiff (the da'3ee) to provide the evidence for his complaint, if he connot provide the evidence then his claim is rejected".
 
if he connot provide the evidence then his claim is rejected
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this is what I'm getting at. I think we should strictly avoid spreading rumours/hearsay unless accompanied by solid evidence. the burden of providing evidence is what prevents all and sundry to blurt whatever they want.

I think it should be a rule that if you wish to refute someone, then supply the evidence; otherwise, it's best to keep quiet.
 
Aqdas said:
what is the procedure of making an accusation against someone?

1. are we allowed to simply accuse someone of wrongdoing and people take our word for it?
2. or do we have to provide evidence too?
a. what counts as evidence? will, 'I heard it from someone I know well' suffice?
3. should we even publicise the wrongdoing:
a. if it's a personal matter
b. if it's a religious matter concerning muslims
Click to expand...

This is a good question and discussion :)

1. are we allowed to simply accuse someone of wrongdoing and people take our word for it?
I don't think so. We are allowed to accuse someone of wrongdoing but it has to have a basis and be a supported claim. People shouldn't be taking anyone's word if it isn't substantial or has a basis. People won't always hand the correct view to them on a plate, sometimes they have to take investigation in to their own hands. You shouldn't run with anyone's accusation that is the same as spreading rumours or gossip.

2. or do we have to provide evidence too?
Definitely. Depending on the claim of course, but evidence is always helpful. This will always add weight to one's accusation and will also give the accused party to clarify if necessary.

a. what counts as evidence? will, 'I heard it from someone I know well' suffice?
I think what counts as evidence will be determined by the nature of the accusation. Sometimes evidence cannot be produced but the claim is still truthful, so it depends sometimes. 'I heard it from someone I know well' only works in certain scenarios, in others it is completely discounted. But for most of the time evidence is always necessary and needed.

3. should we even publicise the wrongdoing
a. if it's a personal matter
b. if it's a religious matter concerning muslims
Depending on how harmful it has the potential to be. It may very well be necessary to publicise the wrongdoing if majority of people are oblivious to it and are often being affected by it. If it's a personal matter it might be best to keep it restricted to the parties involved, as long as it has been resolved, fixed (and repented for if necessary) then there is no need to publicise it because the harm was within a specific circle. But with religious matters its different because the circle is significantly large, publicising may be helpful to many people. This is best determined in the situation itself.
 
Aqib Qadri said:
@ brother snaqshi.

precisely. so kindly do not argue further on the following thread.

http://sunniport.com/index.php?threads/rumors-about-naat-khwans.11998/#post-48413
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1. are we allowed to simply accuse someone of wrongdoing and people take our word for it?

بسم الله الرحمن الرحيم

Brother Qadiri sahib, I have never said "fulan ibn fulan" did anything wrong I merely stated some facts that i Know to be personally true, I am not arguing with anyone, so "chilax bro" and put your finger away...LOL, maybe you need to address your comments to Agent-X"reme", he seems to be the one that has "some personal thing going on".

regarding providing evidence well I have made it very clear on the thread you quoted why i have chosen not to name the city/organiser, that my prerogative same as agent extreme stating "I am lying" that's his prerogative, I haven't taken it personal, why should I (LOL), I know what I know and that is it..........
 
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The hadeeth shareef can be understood in the terms that "the burden of proof us upon the plaintiff (the da'3ee) to provide the evidence for his complaint, if he connot provide the evidence then his claim is rejected".
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Is his claim automiatically rejected? Where is this stated in the Hadith? I understand that if the accused takes oath then the plaintiffs claim is rejected but what is the Accused doesn't take oath? I have read that the Qazi has the right to make a decision if the accused doesn't take oath.
 
inquisitive said:
Is his claim automatically rejected? Where is this stated in the Hadith?
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بسم الله الرحمن الرحيم

Salaam brother, "واليمين على من أنكر" ....if the plaintiff cannot provide the evidence then "you have the right of denial" that is my understanding of واليمين على من أنكر then again again I am not an Alim and never claimed to be one Hopefully some more learned brother/sister then me will correct me if I am wrong on this point.
 
The translation of 'اليمين على من أنكر' would be 'the oath is on the one who denies it' meaning denies the accusation.
 
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