What must be included in the record if the defendant is required to swear an oath and the claimant has no evidence?

General Chapter

Al-Mughni

Book of Judiciary

Book 62 · Issue 12 · Bab 1

Open in Qurani

Primary text

If the defendant is required to swear an oath (because the claimant has no evidence) and the defendant requests a record to avoid swearing a second time regarding the matter, the record must be written like those mentioned previously, but it must state: The defendant denied, the judge asked the claimant if he had evidence, the claimant had none, so the judge offered the oath to the defendant, who swore it in his sitting of judgment and jurisdiction at such and such a time. Mentioning the swearing is necessary because administering an oath is only valid within the judicial sitting and must be established at its beginning.