Is swearing on one's rights before a judge permissible?

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There are two scholarly views regarding swearing to assert one's rights before a judge. One view suggests that refraining from swearing is preferable, rendering it detested (Makruh). This is based on the report of Uthman and al-Miqdad before Umar, where Umar offered the oath to al-Miqdad, who deferred it to Uthman, and Uthman accepted but then forfeited his right without swearing, fearing it would be said he established his right by an oath. The second view holds that swearing is permissible, just as abstaining is permissible, because God commanded His Prophet to swear in three instances concerning truth. Umar declared from the pulpit that oaths should not prevent people from securing their rights. Furthermore, Umar insisted on taking an oath when a dispute arose over palm trees, later gifting the trees to his opponent, stating he did so so that people would not neglect swearing for their rights thereafter, establishing it as a sunnah.