Is the oath I swore considered a false oath for which I will be held accountable, even though I am in the right and have been wronged, and there is no way to obtain my right from the one who wronged me except by swearing this oath, knowing that I did not witness the one who committed the arson with my own eyes, but I have witnesses and many of them refused to go to court?
A person is not permitted to testify except to what he knows through sight or hearing. Therefore, whoever claims that a certain person or group burned his house is required to present evidence. It is forbidden to swear a false oath, for that is a perjured oath (yamin ghamus), and there is no expiation for it according to the majority of jurists. If a judicial ruling results from the false oath, obliging the accused to pay a fine, then the swearer must return the money to them, unless it is established with certainty, and by the testimony of two trustworthy witnesses, that the accused were indeed the ones who burned his house, and the amount they paid did not exceed the cost of repairing the damage.
Summarized from the full answer at Ftawy · reviewed Sep 2, 2026
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