oaths and affirmations

This file last saved 12 August, 2019 15:07

    caveats

  1. By law, certain documents must be made under oath or affirmation. They include those being used in court proceeedings, oaths of office, requests for the replacement of certain lost documents and some statements of debt.

  2. There are many forms of oath and affirmation, depending upon the belief system of the person being sworn.

  3. Some do not permit an unbeliever to speak the words of their oath and/or touch their religious text.

  4. In some circumstance, the religious text not being on hand, an electronic device with that text may be substituted.

  5. You should ascertain all of these matters before proceeding.

    6. definition

  6. An oath is a solemn declaration or undertaking which calls upon God to witness the truthfulness of the statement that is being made. A document made under oath is said to be a sworn document, as the content of the document are 'sworn before God'.
  7. A solemn affirmation is the equivalent of an oath except that it does not call upon God to bear witness. It was introduced as a concession to people who object to taking an oath for religious or other conscientious reasons. Some religions do not accept the use of oaths, and the use of affirmations by people with no religious beliefs is now commonly accepted.

    8. warning

  8. Follow the general procedures for witnessing a document, but at the beginning you must warn the deponent of the necessity of telling the truth and the consequences if the document is found to be false. Then administer the oath or affirmation, before the document is signed, so that the deponent is under oath/affirmation if you ask any further questions.

    9. form of document - oath

  9. I, [full name] of [address], make oath and say . . . [body of document]

    10. form of document - affirmation.

  10. I, [full name] of [address], solemnly, sinceely and truly affirm and declare that . . . [body of document]

    11. identifying whether made under oath or affirmation

  11. At the end of the document, above the space for your signature, there is provision for you to indicate whether the document was sworn or affirmed. Record this information in your log book.

    12. Oaths

    Religious texts - books or electronic devices

  12. The oaths of most Christians, Jews and Muslims are made using religious books. If, and only if the relevant physical book is required but unavailable, an electronic device which contains the religious text may be used. If the device is not yours, you should ensure that the device does hold a copy of the text.

    13. Christian oath

  13. To administer a Christian oath you must use a Bible [or electronic device containing the text] which incudes the New Testament. No other substitute is allowable.
  14. Ask the deponent to take the Bible in their hand and repeat the following words after you:

    I SWEAR THAT THE CONTENTS OF THIS DOCUMENT ARE TRUE AND CORRECT TO THE BEST OF MY KNOWLEDGE AND BELIEF, SO HELP ME GOD"

  15. Ensure the document is signed and witnessed in accordance with the normal procedure

    16. Jewish oath

  16. The wording is the same as the Christian oath except that the Old Testament, the Torah or Pentateuch is used instead of the Bible. If the deponent wears a hat, this may remain on during the administering of the oath. The Old Testament, Torah or Pentateuch is usually held in the right hand.

    17. Islamic oath

  17. The Koran is used when taking an Islamic oath. Care should be taken when handling the Koran, as some Islamic people believe that it is sacreligious for an unbeliever to touch it.
    1. ensure the Koran has been wrapped, by a believer, in a piece of plain white material.
    2. Hand the Koran [or electronic device containing the text of the Koran] to the deponent and ask them to take the Koran and place the other hand on their forehead.
    3. Ask the deponent to repeat these words after you:

      IN THE NAME OF ALLAH, THE BENIFICENT, THE MERCIFUL. BY ALMIGHT ALLAH, IN WHOSE HANDS IS MY LIFE, I PROMISE TO GIVE THE FACTS COMPLETELY, TRUTHFULLY AND SINCERELY TO THE BEST OF MY ABILITY"

    4. Ensure the deponent kisses the Koran at the completion of the oath.

    buddhist oath

  18. There are no set procedures to follow. Simply ask the deponent to repeat these words, after you

    I DECLARE, AS IN THE PRESENCE OF BUDDHA, THAT I A UNPREJUDICED, AND IF WHAT I SHALL SPEAK SHALL PROVE FALSE, OR IF BY COLOURING THE TRUTH OTHERS SHALL BE LED ASTRAY, THEN MAY THE THREE HOLY EXISTENCES- BUDDHA, DHAMMA AND PRO SANGHA - IN WHOSE SIGHT I NOW STAND, TOGETHER WITH THE DEVOTEES OF THE TWENTY-TWO FIRMAMENTS, PUNISH ME AND ALSO MY MIGRATING SOUL.

    19. Chinese oath

    1. Light a candle or a match
    2. Ask the deponent to blow out the flame and repeat these words after you:

      I SWEAR THAT I SHALL TELL THE TRUTH, THE WHOLE TRUTH, AND NOTHING BUT THE TRUTH. THIS CANDLE [OR MATCH] IS NOW EXTINGUISHED, AND IF I DO NOT TELL THE TRUTH, MAY MY SOUL, IN LIKE MANNER BE EXTINGUISHED FOREVER HEREAFTER.

  19. An older form of Chinese oath includes breaking a plate rather than the lighting of a candle or match, and stating:

    I SWEAR I SHALL TELL THE TRUTH, THE WHOLE TRUTH AND NOTHING BUT THE TRUTH. THE PLATE IS SHATTERED AND IF I DO NOT TELL THE TRUTH MAY MY SOUL, IN LIKE MANNER BE SHATTERED LIKE IT.

    20. affirmations

  20. The procedure for administering an affirmation are the same as for an oath, except that no holy book (or electronic text, candle, match or plate) is used, and the wording is different.

    21. secular affirmation

    1. Either ask the deponent:

      DO YOU SOLEMNLY, SINCERELY AND TRULY AFFIRM AND DECLARE THAT THE CONTENTS OF THIS YOUR [DOCUMENT] ARE TRUE AND CORRRECT TO THE BEST OF YOUR KNOWLEDGE?

    2. Then instruct the deponent to answer:

      I DO

    3. Or ask the deponent to repeat these words after you:

      I SOLEMNLY AND SINCERELY AFFIRM AND DECLARE THAT THE CONTENTS OF THIS MY [DOCUMENT] ARE TRUE AND CORRECT TO THE BEST OF MY KNOWLEDGE.

      4. Affirmation by Quakers

    4. I, [NAME], BEING ONE OF THE PEOPLE CALLED QUAKERS, DO SOLEMNLY, SINCERELY AND TRULY AFFIRM AND DECLARE THAT THE CONTENTS OF THIS MY [DOCUMENT] ARE TRUE.

      5. Affirmation by morovians

    5. I, [NAME], BEING OF THE UNITE BRETHREN CALLED MORAVIANS, DO SOLEMNLY, SINCERELY AND TRULY AFFIRM AND DECLARE THAT THE CONTENTS OF THIS MY [DOCUMENT] ARE TRUE.

      6. Affirmation by separatists

    6. I, [NAME], DO IN THE PRESENCE OF ALMIGHT GOD SOLEMNLY, SINCERELY AND TRULY AFFIRM AND DECLARE THAT I AM A MEMBER OF THE RELIGIOUS SECT CALLED SEPARATISTS AND THAT THE TAKING OF AN OATH IS CONTRARY TO MY RELIGIOUS BELIEF AS WELL AS ESSENTIALLY OPPOSED TO THE TENETS OF THAT SECT AND I DO ALSO IN THE SAME MANNER AFFIRM AND DECLARE THAT THE CONTENTS OF THIS MY [DOCUMENT] ARE TRUE.

    References

    1. The Duties of Justices of the Peace (Qualified) Handbook, Queensland Government - Jul 2018, Section 5.5
    2. Justices Act (Queensland) 1886
    3. Police Powers and Responsibilities Act 2000 (Queensland)
    4. Justices of the Peace and Commissioners for Declaration Act 1991 (Queensland)
    5. Technical Bulletins as noted