Analyze and Critically Discuss the Meaning and Implication of the Maxim Related to Responsibility

Introduction

This is a subsidiary maxim for the second major maxim, “certainty is not overruled by doubt.” Just like most of the maxims that have been extracted from the Qur’an and Sunnah, this maxim has also been extracted from the hadith of Prophet (pbuh), “Evidence is the responsibility of the claimant, and the oath is for the accused.”

There is also a secular maxim extracted from this maxim, “innocent until proven guilty[footnoteRef:2]”, which is also used in certain foreign laws.

Four principles are extracted from this maxim: “the basic principle is freedom of liability for the accused”, “the accused is free of liability until his charge is proved”, “suspicion should be interpreted to the benefit of the accused”, and “the basic rule is that predetermined punishment should be averted in case of suspicion[footnoteRef:3]”[2: Islamic legal maxims (Qawa’id al fiqhiyah) notes, mod 10][3: Islamic legal maxims (Qawa’id al fiqhiyah) notes, mod 10].

“Maxim” in reference to Fiqh-ul-Ibadah.

This subsidiary maxim is mostly used to address the matters of fiqh-ul-muamalat, even the legal maxim and principles derived from it mostly reference the laws of trade, transactions, and the law of crimes. When it comes to referring to fiqh-ul-ibadah, it can be applicable for a person not knowing or forgetting about an act, and another reminds him of it through evidence from the Qur’an and Sunnah. Hence, there is no blame upon the one who is unaware, as he is excused due to not having knowledge about it or forgetting about it.

For example, if a Muslim is unaware of Sajdah as-Sahw (prostration of forgetfulness) and forgets or is unaware of his mistakes in Salah, someone who knows about it should teach him the correct etiquettes of Salah and Sajdah as-Sahw. There is no blame upon him due to his unawareness or forgetfulness. As the Prophet (pbuh) states in his Hadith, ‘Allah has forgiven my nation for mistakes of forgetfulness, and what they are forced to do[footnoteRef:4].’ [4: Sunan Ibn Majah, vol 3, book 10, Chapter of Divorce, hadeeth 2123 (2045)]

This can especially be applicable to new Muslims coming into the religion, who are sometimes unaware of the acts of worship. Hence, they are “innocent or free of responsibility” until they are made aware of it. This maxim states that one cannot be scrutinised or criticised due to his innocence.

“Maxim in Reference to Fiqh-ul-Muamalat.”

This minor maxim caters to various fields of fiqh-ul-muamalat. Even the hadeeth, “burden of proof is upon the plaintiff and the taking of an oath is upon him who denies (the allegation[footnoteRef:5]),” which is the origin of this maxim, lays a foundation to principles of judgement and claims. Ibn Daheeq said that this hadeeth is the greatest reference to turn to in the face of claims and disputes[footnoteRef:6]. [5: 40 hadeeth of Nawawi, hadeeth no 33, recorded by al-Bukhari and Muslim, also recorded by al-Baihaqi and others] [6: 40 nawawi hadeeth, hadeeth no 33]

The basic meaning of this maxim, in terms of fiqh-ul-muamalat, is that any person is considered free and innocent until proven guilty. To prove someone guilty, the claimant must bring evidence and witnesses against the accused. Meanwhile, the accused reserves the right to take an oath if wrongfully charged, as stated in the above hadeeth.

In some cases, one party claims that the other owes them money, or they claim that the other party wrongfully acquired their property. In these situations, the claimant must provide evidence or witnesses to support their claim. Until such proof is provided, the individual who has been accused is presumed innocent and free from legal responsibility towards the claimant. This principle is also applicable in cases of crime such as theft or destruction of property, as well as in cases of rape or sexual abuse.

This maxim also underscores the importance of recording and witnessing business dealings and contracts to avoid being cheated by others. Mere suspicion cannot prove someone guilty, as Allah despises suspicion. He states in the Qur’an, “Oh you who believe, avoid suspicion. Indeed some suspicion is a sin…[footnoteRef:7].” [7: Surah Hujurat 49:12]

Conclusion.

This minor maxim addresses the major issue of suspicion and segregation of people in this world, whether rich or poor, old or young, everyone is free of responsibility. Although some foreign laws sideline such matters of justice, where so many wrongfully accused undergo the torture of punishment not intended for them. However, the laws of Allah do not take such matters lightly. No one should be wrongfully scrutinised because, according to Allah, everyone is equal. That’s why mere suspicion or the spreading of false rumors is punishable by Allah.

This minor maxim, established by the superior laws of Shariah, showcases the wisdom of Allah. Justice is established between people, if not in this world, then He takes the matter unto Himself. In the hereafter, He takes care of it so that no one soul complains about injustice done to them. If it were so, He will establish that justice.

This maxim should be the perspective of every human being, where nobody looks at the other with eyes of suspicion. Suspicion has brought the world into stereotyping others, where problems of racism, classism, and Islamophobia, among others, seem to be a common thing. While the world fights such issues, it forgets that adopting such legal maxims will address and eradicate these problems from their roots of misconception.

Bibliography

Al-Qawa’id al-Fiqhiyah (Islamic Legal Maxims) notes (IOU notes), Mod 10.
Al-Qawa’id al-Fiqhiyyah (Legal Maxims of Islamic Jurisprudence), a translated compilation, Islamic University of North America (Mishkah), Islamic Studies Program. Qawa’id that come under the second Qa’idah Kulliyah Kubra (normative legal maxims), pp 74 – Islamhouse.com
Islamic Studies, vol 44, The Islamic Law Maxims (journal article) by Khaleel Muhammad, sub maxims, pp202.
Arab Law Quarterly, vol 20, Legal Maxims and Other Genres of Literature in Islamic Literature (journal article) by Mohammad Hashim Kamali, pp84.
What is the difference between ruling on rape and ruling on fornication and adultery? – Islamqa.info
40 hadith of Imam Nawawi, hadith no 33.
www.islamhouse.com
www.islamqa.info
www.jstor.org
www.muslim-library.com

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