From whom is the proof required: the claimant or the defendant?
Machine translationRead the Arabic original
Question:
He says: Honorable Shaykh, may Allah grant you success, does the defendant have the right to demand proof of the truth of the claimant's claim?
Answer:
No, all this talk is baseless. He is not demanded to provide it, he is not demanded to provide it. The proof is required from the claimant. If there is doubt about it or it is not recognized, its authentication is sought. If the claimant has no proof, the matter turns to the defendant: either he admits it, or he denies it, or he denies it, or he refuses to take the oath, as we mentioned to you. These are procedures that only the judge and the judiciary know. As for you, you do not know the judiciary, nor have you even studied Islamic jurisprudence. You have not studied Islamic jurisprudence. Yes.
He says: Honorable Shaykh, may Allah grant you success, does the defendant have the right to demand proof of the truth of the claimant's claim?
Answer:
No, all this talk is baseless. He is not demanded to provide it, he is not demanded to provide it. The proof is required from the claimant. If there is doubt about it or it is not recognized, its authentication is sought. If the claimant has no proof, the matter turns to the defendant: either he admits it, or he denies it, or he denies it, or he refuses to take the oath, as we mentioned to you. These are procedures that only the judge and the judiciary know. As for you, you do not know the judiciary, nor have you even studied Islamic jurisprudence. You have not studied Islamic jurisprudence. Yes.
Source
قناة «العلامة الدكتور صالح الفوزان»، [2577 -2802] ممن تُطلب البينة: من المدعي أم المدعى عليه؟ - الشيخ صالح الفوزان — youtube.com
The Arabic text is a machine transcription of the audio recording.
