If, on the other hand, the claimant himself states that he knows full well the matter he is asserting—such as when a man claims a debt or a specific item from another and the defendant replies, “I have no knowledge of what you are claiming; swear your oath and take it”—then if the claimant refuses to swear he is awarded nothing.

According to the majority of scholars, a bayyina (proof) in litigation is whatever brings the truth to light, uncovers it, and makes it plain: evidence, a sign, an indication. Whenever the scales tip in favour of one of the two parties, that party is required to swear; for example, if the claimant produces a single witness, he swears together with his witness, and judgment is rendered for him on the basis of “one witness plus an oath,” as established by the Sunnah of the Messenger of Allah, peace and blessings be upon him. This is the view held by most jurists.

Others, however, say: the oath is always to be directed in