Is it required to obligate the witness in court to take an oath?
The majority of jurists hold that a witness is not obliged to swear an oath concerning their testimony, whereas Ibn Abi Layla, Muhammad ibn Bashir, and Ibn al-Qayyim are of the opinion that a witness must take an oath.
As for the Malikis, they believe that if a witness swears an oath upon their testimony, their testimony is rejected because the oath is an indication of bias. The Hanbalis, however, accept their testimony if it is accompanied by an oath.
In summary, according to the majority, a witness is not required to swear an oath. If they do swear an oath along with their testimony, there are two views: rejection or acceptance.
Summary from Ftawy's records · added here
Reviewed by El Fatwa's sharia committee.
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- Original fatwa ID
- 39438
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- Text
- Summary from Ftawy's records, reviewed by El Fatwa's sharia committee.
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- Read the full answer on Ftawy