Conditions of Judicial Oaths Agreed Upon in Islamic Jurisprudence: A Comparative Jurisprudential Study 10.35781/1637-000-126-004

Abstract

Research Title: Conditions of Judicial Oaths Agreed Upon in Islamic Jurisprudence (A Comparative Jurisprudential Study) . Main Sections of the Research: The research included an introduction, a preliminary section, three chapters, and a conclusion. Significance of the Research: The significance of the research stems from the importance of the science of judiciary and its role in preserving human rights. Knowledge gains honor through the honor of its subject matter. Furthermore, compiling these conditions in a single research facilitates access to them, and these conditions have a significant impact on the judge's ruling and reaching the truth. Objectives of the Research: To serve researchers and judges by clarifying the conditions related to judicial oaths agreed upon in Islamic jurisprudence, and subsequently studying them in a comparative jurisprudential manner. Research Methodology: I relied on the inductive-comparative method in this research, where I collected the conditions related to judicial oaths agreed upon by the four major Sunni schools of thought (Hanafi, Maliki, Shafi'i, Hanbali) , and then studied them in a comparative jurisprudential manner. Most Prominent Findings of the Research: Through this research, I concluded that ruling based on oaths is established by the Quran, Sunnah (Prophetic tradition) , and scholarly consensus (Ijma'). Judicial oaths are of great importance in adjudicating lawsuits and resolving disputes, and they are one of the most important means of evidence to which litigants resort. Ruling based on an oath depends on the availability of these conditions. When these conditions are met, the oath becomes evidence upon which a judgment is based.