Upon whom is the oath administered in a legal dispute?
General Chapter
Al-Mughni
Book of Judicial Rulings
Primary text
The oath is legislated for every defendant, regardless of whether the defendant is a Muslim or a disbeliever, righteous or a transgressor, male or female. This is established by the statement of the Prophet (peace be upon him): "The oath belongs to the defendant." Evidence for the principle that an oath can be taken by a defendant, even a non-Muslim, is derived from the narration where the Prophet (PBUH) instructed a Jew to swear an oath regarding land ownership after the claimant lacked proof, leading to the revelation of Quran 3:77.
Supporting text
The text mentions a historical incident involving the Prophet (PBUH) commanding a Jew to swear, suggesting the general applicability of the oath to non-Muslims.