Kuwait Court of Cassation principle number 123

The Sharia rule is that proof is incumbent on the claimant and the oath on the denier. Reason therefor. The claimant who asserts something contrary to the apparent state is required to produce strong evidence, namely proof. The presumption is that the defendant is free of liability. He is therefore required to take the oath. The defendant’s request that the claimant be made to swear that what he takes is rightfully due. Not granted. Reason therefor. Example.