Is a defendant who refuses to swear an oath to be imprisoned until they swear?
Chapter on Qasamah (Oaths regarding murder)
Al-Mughni
Book of Blood-Money (Diyyāt)
Primary text
The defendant shall not be imprisoned for refusing the oath. This is the view held by Imam Ahmad in one narration, against another narration. The reasoning is that this oath is prescribed for the defendant, and thus they should not be imprisoned for it, similar to all other oaths.
Supporting text
There is another narration from Imam Ahmad, which is the position of Abu Hanifa, asserting that the defendants should be imprisoned until they swear.