What happens if a court asks a non-Muslim manager to swear an oath using "By Allah"?

Dear Client,

Thanks for your question! I hope you are doing well. I will assist you in this matter.

In UAE courts, non-Muslim witnesses can take alternative oaths respecting their beliefs. The manager should communicate their religious status and request an appropriate affirmation.

Courts typically provide flexible options to ensure oath solemnity while maintaining legal validity and religious sensitivity.

Thanks & Regards,

ABDUL WAHIED

According to religion, he takes an oath specific to his religion.

According to UAE law, if a person is non-Muslim and cannot swear by "Allah" due to their religious beliefs, the court may allow them to take the oath in a manner consistent with their religion or personal beliefs.

The oath can be made in a way that aligns with their values and beliefs.

We recommend contacting us for precise legal advice regarding this case. We specialize in legal matters and can assist you in handling such situations.

Hello,

In the UAE, the administration of an oath during court proceedings is governed by Federal Decree-Law No. (35) of 2022 on Evidence in Civil and Commercial Transactions, specifically Article 96, which states:

1. The oath shall be taken by the oath-taker saying, "I swear by Almighty Allah to tell the whole truth and nothing but the truth." The oath shall be taken according to the procedures specific to the oath-taker’s religion or belief, upon their request.

2. The oath shall be administered in the form approved by the court.

This article clearly accommodates individuals from various religious or belief backgrounds, allowing them to swear an oath in a manner consistent with their own faith or belief system.

If the person taking the oath is a non-Muslim, the court will approve a version of the oath appropriate to their religion or beliefs.

In your case, if the manager is non-Muslim, they are entitled to request that the oath be administered in a form that aligns with their religion or belief.

The court will respect this request and adapt the oath accordingly to ensure fairness and compliance with the law.

Failure to properly administer the oath according to the individual's beliefs could render the procedure invalid, potentially impacting the case's legal standing.

It is important for the court and all parties involved to adhere to the provisions of the law to safeguard the integrity of the judicial process.

If you need further assistance with this matter or representation in court, I am available to support you.

Please feel free to contact me via phone or email.

Compelling a non-Muslim manager to take an oath phrased specifically for Muslims presents significant legal implications concerning religious freedom, judicial discretion, and potential avenues for legal challenge based on discrimination principles.

Dear Questioner,

The oath's statements must be consistent with his religion.

In the UAE, the requirement for an oath in court, particularly the phrase "By Allah I swear," reflects the cultural and legal framework within which the UAE operates. Here's how to navigate this situation:

- Cultural Context of Oaths:

In Islamic law, swearing an oath by Allah holds significant weight. However, the UAE recognizes the diversity of its population, including non-Muslims, and provides alternatives in such situations.

- Alternative Oaths for Non-Muslims:

Non-Muslim witnesses or individuals required to take an oath can typically affirm their statements in other ways that are respectful of their beliefs. This may involve making a solemn declaration without religious connotations, which can be done in front of the court.

- Legal Framework:

Article 22 of the UAE Evidence Law allows individuals to take an oath in a manner befitting their religion. Therefore, the manager can request to take an oath in a manner that aligns with their personal beliefs.

- Implications for Non-Compliance:

If the manager fails to take an oath as required, it could lead to complications, including the potential rejection of their testimony or a negative impact on the case. It is crucial for the manager to communicate their non-Muslim status and request an appropriate alternative or clarification from the court.

- Legal Advice:

It is advisable to have your legal representative present to advocate for the manager's rights and ensure that the court acknowledges the need for an alternative oath. A lawyer can assist in formally making this request and ensuring compliance with legal procedures.

- Court's Discretion:

Ultimately, the court holds discretion in these matters and may provide guidance on how best to proceed while respecting the beliefs and practices of all parties involved.

In conclusion, the manager can and should be provided an opportunity to affirm their testimony in a manner that respects their beliefs, and any concerns about the oath should be raised with the court as soon as possible.