The text of the rule is a narration of a noble prophetic saying, and its meaning is that the Plaintiff is obligated to provide the evidence that substantiates his claim. The wisdom behind this is that the Plaintiff's position is weak, as he claims something contrary to the apparent facts, thus a strong argument is required from him to bolster his weak position. The strong argument is the proof, while the Defendant's position is strong because he relies on the principle of (the presumption of innocence), which strengthens his side. In the case of denial and the Plaintiff's inability to provide proof, the Defendant may suffice with an oath, which is a weak argument because the one swearing brings benefit to himself and wards off harm, thereby strengthening his position.
Scholars have differed regarding to whom the oath belongs among the disputants. The Hanafi school and those who agree with them limited it to the Defendant alone, while the majority, including the Hanbalis, held that it should be with the stronger of the disputants. This is a general rule of Sharia. Imam Ibn Qayyim states: "The oath is only on the side of the Defendant when the Plaintiff's side has not been strengthened by anything other than the claim, thus the Defendant's side is more deserving of the oath due to his strength from the principle of the presumption of innocence, making him the stronger of the claimants by maintaining the original presumption. Therefore, the oath is from his side. If the Plaintiff's side is strengthened by a stain, a refusal, or a witness, he becomes more deserving of the oath due to the strength of his position. Thus, the oath is legislated on the side of the stronger of the disputants; whichever side is stronger, the oath is legislated in his favor due to his strength and affirmation..."

- If the Plaintiff has no evidence, the Defendant shall be sworn and acquitted.
- The Defendant shall be sworn in every right pertaining to a human being.
- The oath is established in the right of every Defendant.

The origin of this rule is the noble hadith reported by Muslim in his Sahih from Ibn Abbas, may Allah be pleased with him, that the Prophet, peace be upon him, said: "If people were given according to their claims, some would claim the blood and wealth of others, but the oath is upon the defendant." In a narration by Al-Bayhaqi and others, with a good or authentic chain of transmission from Ibn Abbas, from the Prophet, peace be upon him, it is stated: "But the proof is upon the plaintiff and the oath is upon the one who denies."

• - Lawsuit for the Return of a Loaned Vehicle:

  • A/ The Plaintiff requests the court to compel the Defendant to return the loaned vehicle described in the lawsuit.

  • B/ The Judge asked the Defendant about the validity of the lawsuit, to which the Defendant denied it in totality and detail.

  • C/ The Judge asked the Plaintiff if he has any evidence to support his claim. There are two possibilities:

    • 1- The Plaintiff may have valid evidence, which he presents before the Judiciary, and the Judge rules in his favor.

    • 2- The Plaintiff may not have evidence to support his claim, in which case the Judge informs him that the Defendant has the right to swear an oath based on the Rule.

• 1 - If the oath is directed at the litigant, and if what is being sworn on is an act of himself, he swears definitively; and if what is being sworn on is an act of another, he swears on lack of knowledge, except for what is connected to him, in which case he swears definitively. 

• 2 - The right to administer an oath belongs to the judge, but at the request of the litigant. If the plaintiff swears his litigant and he swears - even in the presence of the judge - or if the judge administers the oath without the plaintiff's request and he swears, then his oath is of no consequence.

• 3 - If the one to whom the oath is directed is a Muslim, the oath is sworn by Allah Almighty; the Christian swears by the God who revealed the Gospel to Jesus; the Jew swears by the God who revealed the Torah to Moses; and the Magian swears by the God who created fire.

• 4 - The conditions for the obligation of the oath on the defendant are:

  • A- Denial of the claimed right.

  • B- That the plaintiff requests the oath from his litigant.

  • C- Validity of the claim.

  • D- That the claimed matter is one that is subject to the administration of oaths.