Is the oath intensified by time and place for a Muslim?
General Chapter
Al-Mughni
Book of Judicial Rulings
Primary text
The definitive ruling is that intensification of the oath by time and place is not a condition for the oath of a Muslim; it is something the judge may perform if deemed appropriate. The primary evidence against mandatory intensification by place and time is the Quranic verse regarding the testimony of witnesses in wills, Quran 5:107, which mentions swearing without specifying time, place, or verbal modification. The Prophet (PBUH) swore Rukanah regarding divorce without any intensification in time, place, or wording. Furthermore, the actions of Caliphs Umar and Uthman in overseeing oaths without such intensifications, which were observed and not rejected, constitute a prevailing scholarly practice equivalent to consensus.
Supporting text
Abu Hanifa and his companions stated that intensification by time and place is not legislated for Muslims. Malik and Al-Shafi'i opined that it is intensified. Malik specified swearing at the Minbar of the Messenger of Allah in Medina while standing, or in congregational mosques elsewhere. Al-Shafi'i specified swearing between the Rukn and Maqam in Mecca, or at the Prophet's Minbar in Medina, and in major mosques elsewhere, and specified intensification after the Asr prayer. Ibn Jarir argued for intensification for both small and large amounts of property.