Hadith and innocence till proven guilty

Western and Islamic law traditions have far more in common than is assumed. For example, the ethical and legal principle of the presumption of innocence, or innocent until proven guilty, is stated in both traditions almost verbatim.

In Latin, the principle is “ei incumbit probatio qui dicit, non qui negat” (the burden of proof is on the one who declares, not on one who denies).

In the hadīth, the Prophet ﷺ said:

وَلَكِنَّ الْبَيِّنَةَ عَلَى الْمُدَّعِي وَالْيَمِينَ عَلَى مَنْ أَنْكَرَ

“The burden of proof is on the claimant and an oath is an obligation upon him who denies.”

Perhaps our most important ideas all come from the same origin. He who has ears, let him hear.