What is the ruling if a father, guardian, or trustee claims a right on behalf of a minor son, and the defendant denies it?

General Chapter

Al-Mughni

Book of Judicial Rulings

Book 64 · Issue 3 · Bab 1

Open in Qurani

Primary text

If the defendant denies the claim, the statement of the defendant, coupled with their oath, is accepted as conclusive. If the defendant refuses to swear (*nakul*), judgment is passed against them.

Supporting text

For those who do not permit judgment based on refusal to swear (*nakul*) and instead prefer to return the oath to the claimant, the guardian does not swear on behalf of the minor or the insane person. Instead, the oath is suspended, and the judge records the defendant's refusal to swear.