Oath, The Administration of An

Posted on 06/28/2012 by marina

Wikis > Dictionary of Islam > Oath, The Administration of An

OATH, The administration of an
An oath in a court of justice is not worthy of credit unless it be taken in the name of God, because Muhammad said, “Whosoever takes an oath otherwise than in the name of God, is most certainly a polytheist-” It is incumbent upon the Qazi, or judge, to request the swearer to corroborate his oath by reciting some of the attributes of God. For example, “I swear by God, the Righteous, the Knower of Secrets,” etc. A defendant must not be required to swear by divorce or emancipation, as if he should say: “If it be true my wife is divorced, or my slave is free.”
If an oath be administered to a Jew, he should say, “I swear by God who revealed the Taurat to ‘Moses.”
If to a Christian, he should say, “I swear by God who revealed the Injil to Jesus.”
If to a Majusi or fire-worshipper, he should say, “I swear by God who created fire.”
An oath cannot be administered to an idolater otherwise than in the name of God, in accordance with this verse in the Qur’an, “If ye ask of them who bath created you, verily they will say God Almighty.” (Surah xxxix. 39.)
An oath cannot he administered to infidels in their places of worship, because the Qazi is not allowed to enter such a place. This applies to the places of worship of the Jews and Christians, as well as of Idolaters. (Hiddyah, vol. ii. p. 77.)
Women are not in Muslim law (as in Jewish, Mishna Sheb. Vol. ii. p 77.), forbidden to bear witness on oath.

Based on Hughes, Dictionary of Islam