Inkar (denial in a claim, its forms and its effects, and denial of religious matters)

الإنكار

Inkar in lexical use means ignorance of a thing, negation, and changing a wrong; for the jurists it means denial (jahd) and changing what is wrong. 1 Denial is made in clear speech, and the jurists differ on words such as ‘you have no right over me’, which some count as denial. 2 The proof lies on the claimant and the oath on the one who denies: if the claimant brings proof he wins; if the denier refuses the oath, the Hanafis and Hanbalis judge against him, while the Malikis and Shafi'is do not, unless the oath is returned to the claimant. 34 The defendant's silence is treated in several ways: as denial for Abu Yusuf and the Shafi'is, as refusal (nukul) for the Malikis and Hanbalis. 56 The majority hold that one who denies a deposit or a loan is not cut by the hand for theft. 7 Where a person retracts an acknowledgement of a right of God, the jurists differ; a right of people cannot be retracted. 78 A person who denies a matter of religion is not declared an unbeliever unless it is universally known as part of religion. 9

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Law and courts

Definition

Inkar is lexically ignorance of a thing, negation, and changing a wrong; for the jurists it means denial (jahd) and changing what is wrong. 1

Related terms

  • Jahd and juhud: the opposite of acknowledgement; some say juhud is denial with knowledge. 10
  • Nafy: negation, the opposite of affirmation; all denial is negation, but not all negation is denial. 10
  • Nukul: refusal to swear. 10
  • Ruju': retracting after one has acted. 10
  • Istinkar: counting a thing as wrong, or asking about what one denies. 10

How denial is made

  • By clear speech that admits only denial, such as "I have not been lent what you claim". Words such as "you have no right over me" are disputed. 2
  • By refusing both to affirm and deny: the two disciples of Abu Hanifa hold it denial, while the Hanbalis and some Malikis hold it the same as refusal. 25
  • By silence: Abu Yusuf, the fatwa among the Hanafis, and the Shafi'is treat it as denial; the Malikis and Hanbalis treat it as refusal, and some Hanbalis hold the judge may detain the person. 56

Proof and oath

  • The proof lies on the claimant and the oath on the one who denies, on the hadith that this is the way of judgement in general. 3
  • If the claimant brings proof, he wins. If the denier takes the oath and clears himself, the claim fails; if he refuses, the Hanafis and Hanbalis judge against him, while the Malikis and Shafi'is do not judge against him unless the oath is returned to the claimant. 34
  • The Malikis require two conditions for compelling a denier to swear: a dealing between the parties, and in claims of wrongful taking a known reputation for the like. 47
  • Rights of God: the Hanafis, Malikis and Shafi'is compel the oath when there is suspicion, while the Hanbalis do not compel it in rights of God. 7
  • Rights of people: the jurists agree on the oath in property, and differ in other matters; for a trustee there are three views. 78
  • Marriage, return to a wife, and the like: Abu Hanifa does not compel the oath; Abu Yusuf and Muhammad do. 8

Denial of what is true

A defendant may deny a claim if he owes nothing and is in the wrong; he may not deny a claim he knows to be just. The Hanafis allow two exceptions: a claim of an old defect in goods, and an executor's denial of the dead man's debt. 11

Depositary who denies

If a depositary denies a deposit after its owner asks for it, he becomes liable for it, and is liable if it perishes after his denial. 11

Retraction of an acknowledgement

  • An acknowledgement of a right of God, such as fornication: the Hanafis and Hanbalis allow retraction; the Shafi'is have views; Ashhab of the Malikis allows retraction only for an excuse. 8
  • An acknowledgement of a right of people cannot be retracted; a person who confesses theft and then retracts, owes the property but no hand is cut. 8

Denial of a sale or marriage

Denial of a binding contract does not dissolve it unless the other party accepts the dissolution, and denial of marriage is neither a divorce nor a dissolution, by the majority. 11

Denial of apostasy

For the Hanafis, a denial of an apostasy proved by evidence counts as repentance, and he is not pursued; the Shafi'is and Hanbalis judge him an apostate and require him to repent. 9

Compromise with denial

The majority, the Hanafis, Malikis and Hanbalis allow it, and al-Shafi'i forbids it. 9

Denial of matters of religion

A Muslim may not deny a matter of religion; but one is not declared an unbeliever for denying it unless the matter is agreed upon and known to all Muslims as part of religion. 9

People and things also explored

Ahliyya (legal capacity: to have rights and duties, and to act; its stages from the womb to full maturity, and what impairs it)· Democracy and the Sharia — compatibility and conflict· Fatwa on the satellite channels — its benefit and harm· Secularism and Islam — conflict or concord· Stoning (rajm) as a penalty for zina· Allusion to a proposal during the waiting period· Aman (safe-conduct granted to enemies in war)· Amana (trust, deposit and what is entrusted)

Sources

  1. al-Mawsu'a al-Fiqhiyya al-Kuwaitiyya, Noor-Book copy (file named v3) , p.3547
  2. al-Mawsu'a al-Fiqhiyya al-Kuwaitiyya, Noor-Book copy (file named v3) , p.3549
  3. al-Mawsu'a al-Fiqhiyya al-Kuwaitiyya, Noor-Book copy (file named v3) , p.3553
  4. al-Mawsu'a al-Fiqhiyya al-Kuwaitiyya, Noor-Book copy (file named v3) , p.3554
  5. al-Mawsu'a al-Fiqhiyya al-Kuwaitiyya, Noor-Book copy (file named v3) , p.3550
  6. al-Mawsu'a al-Fiqhiyya al-Kuwaitiyya, Noor-Book copy (file named v3) , p.3551
  7. al-Mawsu'a al-Fiqhiyya al-Kuwaitiyya, Noor-Book copy (file named v3) , p.3555
  8. al-Mawsu'a al-Fiqhiyya al-Kuwaitiyya, Noor-Book copy (file named v3) , p.3556
  9. al-Mawsu'a al-Fiqhiyya al-Kuwaitiyya, Noor-Book copy (file named v3) , p.3558
  10. al-Mawsu'a al-Fiqhiyya al-Kuwaitiyya, Noor-Book copy (file named v3) , p.3548
  11. al-Mawsu'a al-Fiqhiyya al-Kuwaitiyya, Noor-Book copy (file named v3) , p.3557
Cite this page

islam.museum contributors. “Inkar (denial in a claim, its forms and its effects, and denial of religious matters)”. islam.museum, https://islam.museum/en/concept/inkar/. CC BY-SA 4.0. Last updated 2026-10-23.

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Related

Ahliyya (legal capacity: to have rights and duties, and to act; its stages from the womb to full maturity, and what impairs it)

Ahliyya is lexically suitability, and it is of two kinds: capacity to have rights and duties, the capacity of liability; and capacity to act, that is to perform acts recognised by the law. Its bearer passes through the stages of the foetus, childhood, discernment, puberty and maturity. Liability is complete from birth and incomplete for the foetus; the capacity to act is partial at discernment and full with puberty and reason. It is affected by heavenly impediments such as madness, imbecility, sleep, fainting, illness, slavery, menstruation, childbirth and death, and by acquired ones such as ignorance, drunkenness, jest, folly, travel, error and coercion.