. G F (cont.)

Their reasoning for this is that they do not want claims to be used as a way of bringing harm to others. They also do not want to leave the door open for the ignorant people to bring up charges against the righteous or noble people. If there is no warrant for a claim, it will just be dismissed. The defendant will not be disturbed in such a case.4 1 For more on defense rights, see al-Bakr, pp. 279-291 . 2 Recorded by Ahmad, Abu Dawood and others. According to al-Albaani, it is sahih. See al­ Albaani, lrwa, vol. 8, pp. 226-228. 3 This oath is known as yameen al-sabr (඿I ඾) and al-ghamoos (L>" _,.u..l ). It is called yameen al-sabr (the oath of withholding) because it withholds the person's own right. See al-Nawawi, Sharh Matn, p. 1 27. 4 Cf., ibn Rajab, Jaami, vol. 2, p. 237; al-Haitami, Fath, p. 243; al-Bugha and Mistu, p. 247. Hadith #33: "Were People to be Given . . . " There is no question that the view of the other three jurists is much closer to the letter of what the Prophet (peace be upon him) stated. However, Malik's opinion has a good purpose to it. Perhaps his opinion should be modified for only those people who are proven to bring up false charges against others. If a person is known to bring up false charges, in that case, the defendant will not be brought and asked to make an oath that he is innocent. Allah knows best. The Judge Should Remind the Defendant of Allah It is considered proper for the judge to remind the defendant of Allah before he makes him state his oath. He should tell him to swear by Allah, the One besides whom there is no god, that such and such is true. He also should remind the defendant of the great sin of making a false oath.1 Al-Bukhari and Muslim record that ibn Abbaas acted in this fashion when two women were brought to him in a civil dispute. He reminded them of Allah and then read to them the verse, ... / ... ,, J ,,,._ ,,. ,,. ,,. ,,, 5""' i -  Ι ੠ 2 dji ষ 1\:t \; ੡:·: blij .&1 ǁ Q,J: ¢ I.:U \ 0Κb Ï ;} 2; -a:(;;i\ ; b; .: .. उl\ Lk·;, 2; :11 ' "..'(੢..,/. hj o;`\ ଴.rJ ; -; iY-: Ǒ  - J 1* ; - ,.-/; ef ylf gj "Verily, those who purchase a small gain at the cost of Allah's Covenant and their oaths, they shall have no portion in the Hereafter. Neither will Allah speak to them, nor look at them on the Day of Resurrection, nor will He purify them, and they shall have a painful torment" (ali-Imraan 77). Making an oath is an "easy thing," in the sense that it does not take much effort and it may be easy for the person to get away with a false oath. Among the important hadith that may deter a person from making a false oath are the following: When a claimant came to the Prophet (peace be upon him) about a case, the Prophet (peace be upon him) told him that he must present his witnesses or the defendant may make an oath. The man argued, "He will make 1 Al-Bugha and Mistu (p. 247) also state that the judge should bring a copy of the Quran and make the person swear upon it if he is a Muslim. Commenting on this opinion, ibn Qudaamah wrote that a judge in Yemen, named Ibn Maazin, used to make the people swear upon the Quran because it contains the word of Allah and His names. However, this is an addition to what the Prophet (peace be upon him) and his followers did without any evidence or support for it. Ibn Qudaamah concludes, "The action of the Messenger of Allah (peace be upon him) and his Companions is not to be left for the action of ibn Maazin or anyone else." Ibn Qudaamah, vol. 12, p. 1 19. Commentary on the Forty Hadith of al-Nawawi an oath and he will not care [if he is making a false oath]." Then the Prophet (peace be upon him) said, "Whoever swears an oath (yameen sabr), and he is being treacherous in it, just to misappropriate the right of a Muslim man, he will meet Allah on the Day of Resurrection and He will be angry with him." (Recorded by al-Bukhari and Muslim; the wording is that of al-Bukhari.) Muslim also recorded the following hadith on the authority of Abu Umamah, j JW &11 ǵ - h u ' lJ\ j 2\ ::_.;,: f :ili Ɋ -IÀ .. ై' 0 \ h-' tk-i\ ', -- i .r-J J . J , -- -· r-;--- rs f" cJ>" i:..r .... ,,. { { ... ... ... .... 0 .... .... :P .... { ... .... 0 Ʉ .!.II' r •. L..,a; 01' Ju ill\ J ' , IS ( , U:::.