Non-Muslim Judicial Swearing in Imami and Sunni Jurisprudence

According to Islamic law, swearing to God Almighty, is one of the ways to prove or abstain a claim. One of the issues raised and discussed in relation to the oath of office is the oath of the non-Muslim person, expressed in terms of swearing by non-Muslims, and the way it should be done. The present study investigated the Qur’anic principles and the validity of non-Muslim judicial sworn judgments in Imami and Sunni jurisprudence. In Imami and Sunni jurisprudence, according to the common narration, the oath of office of non-Muslims is absolutely accepted. However, by examining the Qur’anic and narrative arguments, it is necessary to take this issue into account in a more detailed way. Therefore, swearing of Ahl al-Kitab (People of the Book), swearing of Non-Muslims other than Ahl al-Kitab for defending themselves (as the accused), and swearing of Non-Muslims other than Ahl al-Kitab who believe in God (as the claimant) are accepted. However, swearing of Non-Muslims other than Ahl al-Kitab, who do not believe in God, as the claimant must not be accepted. Also, according to the majority of Imami jurisprudents and the consensus of Sunni jurisprudents, the oath of the infidels (Ahl al-Kitab or other than Ahl al-Kitab) must only be taken to Allah the Almighty or His specific names. And finally, most of Imami jurisprudents and majority of Sunni jurisprudents believe that infidels are not obliged to confirm the sacred oath.