Is judicial location for administering the oath restricted?
General Chapter
Al-Mughni
Book of Judicial Rulings
Primary text
It is permissible for the judge to administer the oath to the defendant in the place of his jurisdiction and court, even if it is not a traditionally sanctified location. The matter of intensification by place is a matter of discretion and preference for the judge to exercise, not a mandatory requirement.
Supporting text
Ibn al-Sabbagh mentioned two views within the Shafi'i school regarding the obligation of intensification by place. Ibn al-Qass stated there is no scholarly disagreement that the judge administering the oath where the litigation occurs is permissible, and intensification by place is optional.