What is the validity of an oath taken before the judge formally requests it?
General Chapter
Al-Mughni
Book of Judicial Rulings
Primary text
If a person takes an oath before the judge formally administers the request for the oath (istihlaf), the oath taken is invalid and must be repeated upon the judge's formal request. The oath taken prior to the formal procedure is not considered.
Supporting text
If the judge administers the oath before the claimant formally requests the judge to administer the oath, the oath taken is also invalid and not considered.