(An-Nawawi's Forty Hadiths)
(Takhreej of An-Nawawi’s Forty Hadiths)
Hadith No.33
On the authority of Ibn Abbas that the Messenger of Allah said:
"Were people to be given in accordance with their claim, men would claim the fortunes and lives of [other] people, but the onus of proof is on the claimant, and the taking of an oath is incumbent upon him who denies."
a fine hadith related by Al-Baihaqi and others
HADEETH THIRTY THREE:SETTING DISPUTES DOWN
1- It is the duty of the judge to demand from the parties concerned what supports their claims, evidence on the prosecutor and oath on the defendant if the evidence is not sufficient to prove the claim.
2- It is the duty of the judge to do his best to reach the truth on which he builds his own judgments.
3- The judge is not allowed to give his judgments in accordance with his knowledge only without sufficient evidence.
4- Equitable judge is rewarded by Allah abundantly, if he mistakes after doing his best he will have one reward and two if he is correct.