. G F (cont.)

"Judges are of three categories: one in Paradise and two in the Hell-fire. As for the one in Paradise, it is a man who recognizes the truth and judges in accordance with it. As for the man who recognizes the truth but is unjust in his ruling, he is in the Hell-fire. And the man who judges among the people with ignorance, he is also in the Hell-fire."1 Summary of the Hadith • Laws must be structured to prevent men from enforcing false claims against others. If the laws of evidence and procedure are not respected, people would start claiming everybody else's property and wealth. • The burden of proof is upon the claimant. He is claiming something that goes against the apparent or obvious situation. • If the claimant cannot provide any proof, the defendant may make an oath to clear himself of all charges or claims against him. • Figure 33. 1 is a graphical representation of the process that is described in this hadith. 1 Recorded by Abu Dawood, al-Tirrnidhi and others. According to al-Albaani, it is sahih. See al­ Albaani, sahih al-Jaami, vol. 2, p. 8 1 8. Commentary on the Forty Hadith of al-Nawawi Plaintiff makes a claim in front of the judge Judge asks the defendant, "Do you admit to the charges?" No Judge asks the plaintiff, "Do you have any evidence?" No Judge then asks defendant, "Are you willing to make an oath?" No J, This is where the difference of opinion occurs. Hanafis and Hanbalis say that the decision should now be made against the defendant. Malikis and Shafiis say that the defendant may ask the plaintiff to make an oath Yes Yes Figure 33.1 .