Is it permissible for the judge to ask the defendant to swear an oath before the claimant requests it?

General Chapter

Al-Mughni

Book of Judiciary

Book 62 · Issue 10 · Bab 1

Open in Qurani

Primary text

The judge cannot require the defendant to swear an oath before the claimant requests it, because the oath is the claimant's right and cannot be enforced without the right holder's request, similar to the principal right itself. If the defendant is made to swear without request, or if the denying party rushes to swear, the oath is not considered valid because it was rendered at the wrong time.