Is the oath required to be intensified (Tafziz) for non-Muslims?
General Chapter
Al-Mughni
Book of Judicial Rulings
Primary text
The intensification of the oath by place and form is legislated for non-Muslims, specifically Ahl al-Kitab (People of the Book), based on the Prophet's instruction to the Jews, "I beseech you by Allah Who revealed the Torah to Moses, what do you find in the Torah concerning the punishment for adultery?" Furthermore, Quran 5:106, concerning the retention of two witnesses after prayer, is understood by some to apply to Ahl al-Kitab. For Christians, they may be asked to swear by Allah who revealed the Gospel to Jesus. If they have sacred places, they swear therein if they fear lying there. For Magians, they are told to swear by Allah Who created and sustained them. For idolaters, they swear by Allah alone. This is because it is not permissible to swear by other than Allah, based on the Hadith: "Whoever is to swear, let him swear by Allah or remain silent."
Supporting text
The apparent view of Al-Khiraqi is that the oath is only intensified for Ahl al-Dhimma (protected non-Muslim subjects) and not for Muslims. Abu Bakr held a similar view. Al-Khattab stated that if the judge deems it appropriate, intensification regarding time and place is permissible, a view alluded to by Ahmad. Al-Khiraqi mentioned intensification by place (in revered locations) but not by time for Ahl al-Dhimma.