Section

No oaths are administered in matters of worship or in ḥudūd cases. A defendant who denies the claim is required to swear in every dispute involving a human right, except in questions of marriage, divorce, īlāʾ (a husband’s vow of abstinence), the original status of slavery, walāʾ, the claim that a slave-woman has borne a child to her master (istilād), lineage, retaliation for homicide or injury (qawad), and the offence of false accusation of fornication (qadhf).

The lawful oath is by Allah, Exalted be He; it may be intensified in affairs of grave consequence. One (1) who declines to swear is not thereby deemed a formal refuser.