Is an oath prescribed in legal disputes concerning wealth or matters convertible to wealth?

General Chapter

Al-Mughni

Book of Judicial Rulings

Book 64 · Issue 2 · Bab 1

Open in Qurani

Primary text

An oath is prescribed in disputes concerning wealth, or matters where wealth is the intended object, without any disagreement among scholars. If the claimant provides no evidence (bayyinah), the defendant must swear the oath, and is then absolved. This ruling is established by the incident involving the Hadrami and the Kindi who disputed land ownership, and by the general statement of the Prophet (peace be upon him): "But the oath belongs to the defendant."