Is it valid to impose an oath on the plaintiff when there is evidence of the debt and the plaintiff is absent abroad?
Source: FtawySummary from Ftawy's records · added here Sep 2, 2026
The judge is more knowledgeable about the proceedings of the matter. It appears that your client is the defendant in the new lawsuit. The burden of proof is on the plaintiff. If the plaintiff fails to provide it, and there is a presumption for the claim, the defendant can refute it with an oath, based on the Prophet's (peace be upon him) saying: "The burden of proof is on the claimant, and the oath is on the one who denies." The judge's ruling resolves the dispute.
Summary from Ftawy's records · added here
Reviewed by El Fatwa's sharia committee.
Read the full answer on Ftawyhttps://ftawy.com/en/questions/116960
Where this answer came from
- Source platform
- Ftawy
- Original fatwa ID
- 116960
- 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