Should a woman who is the defendant in a homicide case swear the oath?

Chapter on Qasamah (Oaths regarding murder)

Al-Mughni

Book of Blood-Money (Diyyāt)

Book 48 · Issue 8 · Bab 3

Open in Qurani

Primary text

If the woman is the defendant in the homicide, and it is ruled that the oath is taken by the male relatives (*asabah*), she is not made to swear because this is exclusive to men. If it is ruled that the defendant swears, then she should be made to swear, as her statement does not establish a right or a killing; it only serves to exonerate her from it, making the oath applicable to her, as if there were no basis for suspicion (*luth*).