Method of Judgment

**Steps the Judge Follows to Reach a Verdict:** --- **Step 1: Seating the Parties** When the two disputants come before him, the judge seats them in front of him and asks: "Which of you is the claimant?" Or he remains silent until the claimant speaks and he hears the claim. --- **Step 2: Hearing the Response** If the claim is properly made, the judge asks the defendant about his position regarding it: - **If he admits** (iqrar) - the judge rules against him - **If he denies** - the judge asks the claimant for evidence (bayyinah) --- **Step 3: Presenting Evidence** If the claimant has evidence, the judge asks him to bring it, hears the testimony, and rules by it according to its conditions. **He does not rule by his personal knowledge.** --- **Step 4: If No Evidence** If the claimant has no evidence, the judge informs him that he has the right to make the defendant take an oath. **Evidence:** The Prophet ﷺ said to al-Hadrami who claimed land that al-Kindi had taken from him: "Do you have evidence?" He said: "No." He ﷺ said: "Then you have his oath" [Muslim]. And he ﷺ said: "The evidence is upon the claimant, and the oath is upon the one who denies" [Tirmidhi - authentic]. --- **Step 5: Accepting the Oath** If the claimant accepts the defendant's oath, the judge administers the oath and releases him - because the default is innocence (bara'at al-dhimmah). --- **Step 6: If the Defendant Refuses to Swear (Nukul)** If the defendant refuses to take the oath, the judge rules against him based on his refusal. Refusal (nukul) is a clear indication of the claimant's truthfulness. Uthman and a group of scholars ruled by nukul. **Alternative view:** Some scholars hold that if the defendant refuses, the oath returns to the claimant - he swears and is entitled to his claim, especially if his side is stronger. --- **Step 7: Evidence After Oath** If the defendant swears and the judge releases him, then the claimant later brings evidence - the judge rules by it. The defendant's oath does not remove the right - it only ends the dispute.