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The Condition of Being Just* on the Part of Witnesses according to Muslim Jurists // Dr. Afnaan bint Muhammad Abdul-Majeed Tilmisaanee |
The present paper provides a detailed explanation of the word 'adl and 'adaalah (loosely translated here as 'just). It should be noted here, however, that the word 'just' should not be taken to be the English equivalent for the term, nor should the reader understand it to mean exactly as the English dictionary defines it. (Translator's Note) † Associate Professor in the College of Sharee'ah, Umm al-Quraa University. |
Allah has made human beings intrinsically sociable in that they can easily mix with one another and develop common interests which lead to engaging in different transactions and various relationships such as sale, purchase, leasing, partnership, marriage and divorce. These dealings, which normally come about as a result of meeting their various needs and requirements, may sometimes trigger off different forms of disputes, differences and even assaults. When this happens, people resort to going to court to settle such disputes and differences. However, a settlement may not materialize without providing sufficient proof, as the Prophet (peace and blessings be upon him) said, "The onus of proof is upon the plaintiff, and the taking of an oath is upon the one who denies [the allegation]…" 3 |
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