What must be recorded if the defendant refuses to swear the oath?

General Chapter

Al-Mughni

Book of Judiciary

Book 62 · Issue 13 · Bab 1

Open in Qurani

Primary text

If the defendant refuses the oath, the record must state: 'The oath was offered to the defendant, and he refused it, so his opponent requested the judge to rule in his favor concerning the right, and the judge ruled in his favor at such a time.' It must be stated at the end that this occurred in the judge's sitting of judgment and jurisdiction.