How must a judge handle a litigant who initiates an unwarranted oath?

General Chapter

Al-Mughni

Book of Judiciary

Book 62 · Issue 4 · Bab 1

Open in Qurani

Primary text

If the defendant begins by taking an oath when the burden of proof should be on the claimant, the judge must stop him from swearing and instruct him that the evidence lies with his opponent. If the litigant persists in this improper behavior, the judge may reprimand him. If the behavior continues, the judge may administer disciplinary punishment if he sees fit. The judge has the authority to respond to all forms of inappropriate behavior that constitute bad manners, but he also retains the option to pardon the offender.