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?
Source: FtawySummary from Ftawy's records · added here Sep 2, 2026
Disputes should be referred to the 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.
Summary from Ftawy's records · added here
Reviewed by El Fatwa's sharia committee.
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- Ftawy
- Original fatwa ID
- 89819
- Added here
- . This is when the answer was added to El Fatwa, not the fatwa's date.
- Text
- Summary from Ftawy's records, reviewed by El Fatwa's sharia committee.
- Read the full ruling
- Read the full answer on Ftawy