refusal to testify (النُّكُولُ)
الفقه أصول الفقه
التعريف :
To abstain from making a required oath.
المعنى الاصطلاحي :
Refusing to take an oath that is required by the Shariah.
الشرح المختصر :
"Nukool" (refusal to take an oath) means that a disputing party refuses to take a legal oath although he is allowed to take it to clear his liability or is judicially required to take it. This refusal could be explicit, such as by saying: "I refuse to take this oath," or implicit, such as by keeping silent without being mute or dumb or by changing the required wording.
التعريف اللغوي المختصر :
"Nukool": cowardice, not going forward, constraints. Original meaning: preventing and pushing.