What is the prescribed formula for the oath when administering it in legal claims?
General Chapter
Al-Mughni
Book of Judicial Rulings
Primary text
The prescribed oath in matters of rights where the defendant is absolved by swearing is the oath by Allah Almighty. This is the position held by the majority of scholars. Malik preferred the formula, 'By Allah, besides Whom there is no god.' If a judge administers the oath using this phrasing, it suffices. This preference is supported by the narration of Ibn Abbas that the Prophet, peace be upon him, administered an oath to a man saying, 'Say: By Allah, besides Whom there is no god, you have nothing belonging to him.' This is further evidenced by the oath taken by Umar concerning the palm trees.
Supporting text
Al-Shafi'i held that if the claim involves retribution (qisas), manumission (itq), a prescribed punishment (hadd), or wealth reaching the threshold (nisab), the oath must be solemnized using the formula: 'By Allah, the Knower of the unseen and the seen, the Most Gracious, the Most Merciful, Who knows what is secret and what is manifest.' For the oath of mutual imprecation (Qasamah), the phrase concerning the 'treachery of the eyes and what the breasts conceal' is preferred. Al-Qadi suggested this solemnization is specific to the oaths of Qasamah and not a general requirement.