Who swears the oath when the defendant is a minor or insane?

General Chapter

Al-Mughni

Book of Judicial Rulings

Book 64 · Issue 2 · Bab 1

Open in Qurani

Primary text

If the defendant is a minor (*sabi*) or insane (*majnun*), neither is required to swear, and the matter is suspended until the minor reaches maturity and the insane person regains sanity. The guardian (*wali*) does not swear on their behalf.