Swearing by the Verses of Allaah: between prohibition and permissibility

16-1-2014 | IslamWeb

Question:

What is the ruling on saying: "I swear by the Verses of Allaah"?

Answer:

All perfect praise be to Allaah, The Lord of the Worlds. I testify that there is none worthy of worship except Allaah, and that Muhammad, sallallaahu ‘alayhi wa sallam, is His slave and Messenger.

If by swearing by the Verses of Allaah The Almighty one intended to swear by the Quran, it is valid under Sharee‘ah, according to the majority of scholars. Ibn Qudaamah  may  Allaah  have  mercy  upon  him says in Al-Mughni: "Swearing by the Verses of Allaah is an intentional binding oath. Breaking such an oath requires expiation. This is the opinion of Ibn Mas‘ood, Al-Hasan, Qataadah, Maalik, Ash-Shaafi‘i, Abu ‘Ubaydah and the majority of scholars. They support their view by the fact that the Quran is the Speech of Allaah and one of the Attributes of His Divine Essence. Hence, swearing by it makes one's oath binding, just like when he says, 'By Allaah’s Majesty and Greatness.'"

Although the opinion of the Hanafi jurists is different, some of their competent scholars support the validity, under Sharee‘ah, of swearing by the Quran. Al-‘Ayni  may  Allaah  have  mercy  upon  him says: "If someone swears by the Mus-haf (copy of the Quran), placing his hand on it, and says: 'By the right of this,' it will be regarded as an oath especially in this time when people swear by the Mus-haf very often."

Ibn Al-Humaam  may  Allaah  have  mercy  upon  him says in Fat-h Al-Qadeer: “It is not hidden that swearing by the Quran has become common these days. So, it is considered a binding oath, according to the opinion of the three Imaams.

But if by it, one means to swear by such of Allaah’s universal signs as the sun, the moon, heaven, the earth and so on, it is prohibited because it is swearing by a creature, which is forbidden. In confirmation, it is narrated that the Messenger of Allaah, sallallaahu ‘alayhi wa sallam, said: “He who has to swear, let him swear by Allaah, otherwise let him keep silent.” [Al-Bukhari and Muslim]

He, sallallaahu ‘alayhi wa sallam, said in another Hadeeth: “He who swears by anything other than Allaah has committed Shirk.” [Abu Daawood]

In his book Iqtidhaa’ As-Siraat Al-Mustaqeem, Shaykh Al-Islam, Ibn Taymiyyah  may  Allaah  have  mercy  upon  him said: “The majority of scholars, including such leading Imaams as Abu Haneefah, Maalik and Ash-Shaafi‘i, May Allaah Have mercy upon them, are of the opinion that swearing by a creature is in no way considered a binding oath. A person should never swear by a creature. This is the right opinion.

Allaah Knows best.

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