Is it permissible to swear an oath in Al-Aqsa Mosque to resolve a dispute, and who takes the oath: the plaintiff or the defendant?

Disputes should be referred to the Sharia courts for resolution, as a mere claim does not establish a ruling. The one who takes an oath is the defendant (Imad) if the plaintiff (Mahmoud) does not provide evidence. Otherwise, the right belongs to Mahmoud without the need for Imad's oath, for the Prophet, peace and blessings be upon him, said: "The burden of proof is upon the claimant, and the oath is upon the one who denies." It is permissible to emphasize the oath by taking it in Al-Aqsa Mosque or other mosques close to the disputants, as reported from Malik and Al-Shafi'i.