Be Fair in Punishment

Tarikh: 
Jul 13, 2010
Riwayat: 
(al-Baihaqi)
Kategori: 
Ibadah
Hadith: 
From Ibnu Abbas r.a. who reported that Rasulullah (peace and blessings be upon him) 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.”
(al-Baihaqi)
Huraian Hadith: 
  1. In the context of judgement, a judge is required to make his decision on a certain case in a fair manner based on the statements given to him. This is due to the fact that human beings, in general, like to accuse or report for their own sake in order to seize a certain fortune or to avenge (on an incident such as murder).
  2. As such, any accusations or reports may not be simply heard or accepted without any legal evidence. Thus, Rasulullah (peace and blessings be upon him) required that witnesses to be presented by the person who claimed and oath made upon the person accused.
  3. The reason why witnesses are required upon the person accused is because such situation needs something other than the statements. There needs to be enough evidence to the accusation made.
  4. Whereas, the person who refuses (i.e. the person accused) is required to make an oath to prove his situation that he escapes from the accusation. Such oath is called patient oath which is an oath that prevents a deserving person from losing his true rights. However, if a person made an oath in order to get something that is not his, then the oath is a false oath.
  5. The causes of conflicts that often occur in the society are from fortunes to murder and bloodshed. All these happen for the sake of begetting and controlling as much fortunes as possible even through despicable means. Thus, Islam calls for fair punishment.
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