Back to search
The question

Is abstaining from taking an oath before the judiciary due to illness acceptable according to Sharia, knowing that I am prepared to take the oath to deny the claim against me?

Share this answer

Source: FtawySummarized from the full answer at Ftawy · imported Sep 2, 20261 min readAlso available in العربية
The answer

The absence of the defendant due to illness does not necessitate a judgment of refusal to swear an oath. The jurists have mentioned what the judge should do in such a situation: if the defendant is ill and unable to attend, the judge sends a trustworthy person (ameen) and two witnesses to administer the oath to him in his place. Jurists have differed regarding the severity of the illness that prevents attendance. Some stipulated that the patient must be unable to attend by himself or even carried, while others stipulated that he must be unable to attend by himself, even if he could be carried. This latter opinion is more lenient and sounder.

Summarized from the full answer at Ftawy · imported

Read the full answer on Ftawy
Where this answer came from
Source platform
Ftawy
Original fatwa ID
175604
Imported
Translation status
Source text, unreviewed
Read the full ruling
Read the full answer on Ftawy