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Any accused is innocent until proven guilty

Weekly Sultaniyya Hadith Source Week No: 19


Any accused is innocent until proven guilty

Hadith 22, The burden of proof is upon the plaintiff, and the oath is upon the one who is accused (Tirmidhi)
Hadith 23, If I were going to stone anyone without proof, I would have stoned her (Muslim)

Commentary:

A: In the first narration, the Messenger of Allah (SAW) explained that the proof should be provided by the person making the claim. If he has no proof but makes an accusation then the defendant can make an oath upon his position and in that manner the accusation is rejected by the Judge. This serves as evidence that the defendant is innocent until proven guilty.

B: In the second narration, the conjunction " لو " (if) in the Arabic language denotes abstention due to the absence of something, so in this case it means that the stoning was not carried out due to the absence of evidence.

C: This confirms that the Prophet (SAW) did not stone the woman mentioned due to the absence of evidence even though there was strong suspicion of adultery.

D: In a narration ibn Abbas (ra) explains that the woman in question was someone who publicised evil after she had become Muslim. Imam ibn Hajr said the indication is that there was doubt upon her due to her environment and the people who used to visit her. Imam Nawawi mentioned that the meaning that she displayed evil is that she was known for it and that this was famous, however there was no clear evidence and neither did she confess (the evidence required to prove fornication is four direct witnesses or confession). Therefore the hadith is evidence that Hudood is not established by news even if it well known unless it is proven by Shari'ah evidence.

E: Therefore the ruler is forbidden from imposing a penalty on anyone, unless they perpetrate a crime which Shari'ah considers to be a crime, and the perpetration of the crime has been proven before a competent judge in a judiciary court, because the evidence could not be admissible unless it is established before a competent judge and in a judiciary court.

Hadith with commentary each week, taken from The Sixty Sultaniyya compiled by Abu Luqman Fathullah
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Daily Column  -  29 Jumadi-ul-Awwal 1438

Daily Hadith: 26th February 2017

Narrated: Hammad bin Zaid
I said to 'Amr b. Dinar: Did you hear Jabir b. 'Abdullah narrating from the Messenger of Allah (may peace be upon him) that Allah would bring out people from the Fire through intercession. He said: Yes.
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Selected Hadith Commentary

Narrated: Abu Huraira
that a man said to the Prophet, sallallahu 'alayhi wasallam: "Advise me! "The Prophet said, "Do not become angry and furious." The man asked (the same) again and again, and the Prophet said in each case, "Do not become angry and furious." [Al-Bukhari; Vol. 8 No. 137]
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Fortress of the Muslim

Supplication at the start of the prayer (after takbeer)
اللّهُـمَّ لَكَ الْحَمْدُ أَنْتَ نـورُ السَّمـواتِ وَالأَرْضِ وَمَنْ فيـهِن ، وَلَكَ الْحَمْدُ أَنْتَ قَـيِّمُ السَّـمواتِ وَالأَرْضِ وَمَنْ فيـهِن ، [وَلَكَ الْحَمْدُ أَنْتَ رَبُّ السَّـمواتِ وَالأَرْضِ وَمَنْ فيـهِن] [وَلَكَ الْحَمْدُ لَكَ مُلْـكُ السَّـمواتِ وَالأَرْضِ وَمَنْ فيـهِن] [وَلَكَ الْحَمْدُ أَنْتَ مَلِـكُ السَّـمواتِ وَالأَرْضِ ] [وَلَكَ الْحَمْدُ] [أَنْتَ الْحَـقّ وَوَعْـدُكَ الْحَـق ، وَقَوْلُـكَ الْحَـق ، وَلِقـاؤُكَ الْحَـق ، وَالْجَـنَّةُحَـق ، وَالنّـارُ حَـق ، وَالنَّبِـيّونَ حَـق ، وَمـحَمَّدٌ حَـق ، وَالسّـاعَةُحَـق] [اللّهُـمَّ لَكَ أَسْلَمت ، وَعَلَـيْكَ تَوَكَّلْـت ، وَبِكَ آمَنْـت ، وَإِلَـيْكَ أَنَبْـت ، وَبِـكَ خاصَمْت ، وَإِلَـيْكَ حاكَمْـت . فاغْفِـرْ لي مـا قَدَّمْتُ ، وَما أَخَّـرْت ، وَما أَسْـرَرْت ، وَما أَعْلَـنْت ] [أَنْتَ المُقَـدِّمُ وَأَنْتَ المُـؤَخِّر ، لا إِاـهَ إِلاّ أَنْـت] [أَنْـتَ إِلـهي لا إِاـهَ إِلاّ أَنْـت

O Allah, to You belongs all praise, You are the Light of the heavens and the Earth and all that is within them. To You belongs all praise, You are the Sustainer of the heavens and the Earth and all that is within them. To You belongs all praise. You are Lord of the heavens and the Earth and all that is within them. To You belongs all praise and the kingdom of the heavens and the Earth and all that is within them. To You belongs all praise, You are the King of the heavens and the Earth and to You belongs all praise. You are The Truth, Your promise is true, your Word is true, and the Day in which we will encounter You is true, the Garden of Paradise is true and the Fire is true, and the Prophets are true, Muhammad  is true and the Final Hour is true. O Allah, unto You I have submitted, and upon You I have relied, and in You I have believed, and to You I have turned in repentance, and over You I have disputed, and to You I have turned for judgment. So forgive me for what has come to pass of my sins and what will come to pass, and what I have hidden and what I have made public. You are Al-Muqaddim and Al-Mu-akhkhir. None has the right to be worshipped except You, You are my Deity, none has the right to be worshipped except You.’ Meaning of Al-Muqaddim and Al-Mu-akhkhir: Allah puts forward and favours whom He wills from amongst His creation just as He defers and holds back whom He wills in accordance to His wisdom. E.g. Favouring man over the rest of creation, favouring the Prophets over the rest of mankind, favouring Muhammad (SAW) over all the Prophets and Messengers…etc.
Supplication at the start of the prayer (after takbeer)
Fortress of the Muslim

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