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A Concise Summary of the Islamic Rulings on Oaths (Aymān)
Author : Dr. Mufti Jihad Tawalbeh
Date Added : 01-12-2025

A Concise Summary of the Islamic Rulings on Oaths (Aymān)

 

All praise is due to Allah, Lord of the Worlds, and peace and blessings be upon our Master Muhammad, the Seal of the first and the last, and a mercy to the worlds.

The rulings on oaths are among those which the Noble Shari'ah has emphasized clarifying for people. Allah the Almighty mentioned them in His Great Book, saying {what means}: "It is made lawful for you to go in unto your wives on the night of the fast. They are raiment for you and ye are raiment for them. Allah is Aware that ye were deceiving yourselves in this respect and He hath turned in mercy toward you and relieved you. So hold intercourse with them and seek that which Allah hath ordained for you, and eat and drink until the white thread becometh distinct to you from the black thread of the dawn. Then strictly observe the fast till nightfall and touch them not, but be at your devotions in the mosques. These are the limits imposed by Allah, so approach them not. Thus Allah expoundeth His revelation to mankind that they may ward off (evil)." The Prophet, peace and blessings be upon him, also explained them. It is narrated from 'Abd al-Rahman ibn Samurah that the Prophet, peace and blessings be upon him, said to him: "If you swear an oath and then see something better than it, then do the better thing and offer expiation for your oath." ([1])

 This concise summary is presented in a question-and-answer format to address frequently asked questions, based on the relied-upon position of the Honorable Shafi'i school and the fatwas of the General Iftaa' Department. We ask Allah the Almighty to benefit us and the readers with it.

• What is the meaning of an oath (Yamin) according to Islamic law?

An oath is the commitment to affirm a probable matter or to resolve to achieve it, using one of Allah's names or attributes.

• What are the conditions for the one swearing the oath?

The one swearing must be legally competent (i.e., mature and sane), acting voluntarily (i.e., not under coercion), and intending to swear the oath.

• What are the categories of oaths?

An oath is either a 'Vain Oath' (Yamin al-Laghw), a 'Binding Oath' (Yamin al-Mun'aqidah), or a 'False Oath' (Yamin al-Ghamus).

• What is a Vain Oath (Yamin al-Laghw)?

It is an oath that slips from the tongue without specific intention or is uttered habitually, such as a person habitually saying "No, by Allah" and "Yes, by Allah."

• What is a Binding Oath (Yamin al-Mun'aqidah)?

It is an oath sworn with the intention of affirming or resolving to do something.

• What is a False Oath (Yamin al-Ghamus)?

It is swearing to the truth of something in the past, present, or future while knowingly being untruthful about it.

• What is the ruling on swearing by other than Allah, such as swearing by someone's life, by one's trustworthiness, or by the Ka'bah?

Swearing by other than Allah is disliked (Makruh), and the oath is not considered binding. If the intention was to venerate the object of the oath as one venerates Allah, then it is forbidden (Haram). Shaykh al-Islam al-Nawawi, may Allah have mercy on him, said: "Swearing by a created being, such as the Prophet, the Ka'bah, Gabriel, the Companions, or the Family [of the Prophet], is disliked." ([2])

• Does swearing by other than Allah constitute disbelief (Kufr)?

Swearing by other than Allah is not considered disbelief unless the one swearing intends to venerate the object of the oath as Allah is venerated. Shaykh al-Islam Zakariyya al-Ansari said: "If he believed in its veneration as Allah is venerated—meaning he believed it deserved the same level of veneration he believes is for Allah—then he has committed disbelief. This is the understanding of the Hadith reported by al-Hakim: 'Whoever swears by other than Allah has committed disbelief.' As for if it merely slips from his tongue without such intention, there is no dislike; rather, it is a vain oath. This is the understanding of the Hadith in the Sahihayn [Al-Bukhari and Muslim] regarding the story of the Bedouin who said, 'I will not add to this nor decrease from it, may my father be sacrificed for him if he is truthful.'" ([3])

• What is the ruling on swearing by the derived names specific to Him, glorified and exalted, such as 'Lord of the Worlds,' 'The Ever-Living Who does not die,' or 'The One in Whose Hand is my soul'?

The oath is binding in all cases, and the rulings of oaths apply.

• What is the ruling on swearing by the attributes of Allah, such as His Knowledge, His Might, or His Right?

The oath is binding in all cases, and the rulings of oaths apply.

• What is the ruling on swearing by 'the Right of Allah' (Haqq Allah)?

The oath is binding by it, except if by 'His right' he means His worship, then it is not binding.

• What is the ruling on swearing by the Qur'an or the Mus'haf?

The oath is binding if the intention is to swear by the attribute of His Speech.

• What is the ruling if someone says to another: "I ask you by Allah," or "I adjure you by Allah to do such-and-such"?

It is recommended for the person addressed to fulfill the request of the one swearing, provided it is not for something sinful or disliked. If the person addressed does not fulfill it, the one who swore the oath has broken it and must offer the expiation for his oath.

• Does saying "By the covenant of Allah," "By the limit of Allah," or "Between me and you is Allah" constitute an oath?

It becomes an oath if he intends it as an oath.

• What is the ruling on one who swears that something happened or that he did something in the past, thinking it most likely that it did happen or that he did it, and then it becomes clear that it did not happen or that he did not do it?

He does not break his oath, and he is cleared from liability before Allah. Imam al-Ramli said: "The conclusion from their lengthy, apparently contradictory discussion is that whoever swears about a specific thing that it did not happen, did happen, or will happen, or [swears] 'If I did not do' or 'If so-and-so did not do,' or [about someone being] in the house, based on his assumption or belief due to his ignorance or forgetfulness, and then it becomes clear that it was contrary to what he assumed or believed—if he intended by his oath that the matter was such according to his assumption, belief, or the extent of his knowledge (i.e., he was not aware of the contrary), then there is no breaking of the oath. This is because he linked his oath to his assumption or belief, and he was truthful in that. If he did not intend anything specific, then the ruling is the same, interpreting the words according to their reality, which is the perception of the occurrence of the relation according to what is in his mind, not according to the actual reality, based on the mentioned Hadith." ([4])

• What about one who swears not to do something and then does it out of ignorance, forgetfulness, or coercion?

He does not break his oath, and he is cleared from liability before Allah. However, he is required to fulfill that oath. If he does it again while remembering [the oath], he breaks his oath and the expiation for the oath becomes obligatory.

• What is the ruling on one who swears to do something forbidden?

He sins by his oath, and he must not do it. The expiation for the oath becomes obligatory upon him.

• What is the ruling on one who swears to do or to leave something permissible?

It is recommended for him not to break the oath. If he breaks it, the expiation becomes obligatory upon him.

• What is the ruling on one who swears to do something disliked or to leave a Sunnah?

It is recommended for him to break the oath. If he breaks it, the expiation becomes obligatory upon him.

• What is the ruling on one who swears to perform a Sunnah or to leave something disliked?

It is disliked for him to break the oath. The expiation becomes obligatory upon him if he leaves performing the Sunnah or does the disliked act.

• What is the ruling on one who swears not to enter a specific house while he is inside it, and he remains inside after swearing?

He breaks his oath, and the expiation becomes obligatory upon him, because continuity is equivalent to initiating the action.

• Is there an expiation for a False Oath (Yamin Ghamus)?

One who swears a false oath must give the expiation for an oath. If he used it to usurp someone's right, he must return the rights to their owners. Repentance and seeking forgiveness are also obligatory upon him.

• What is incumbent upon the one who swears if he breaks his oath?

The one who breaks the oath is obliged to offer the expiation, which is: freeing a slave, or feeding ten needy people, or clothing them. If he cannot find [or afford] any of these, then he must fast for three days.

• Is it permissible to give the expiation before breaking the oath?

It is permissible to give the expiation before breaking the oath if it is by freeing a slave, feeding, or clothing.

• Is it permissible to expiate for the oath by fasting three days before breaking the oath?

It is not permissible to expiate for the oath by fasting before breaking it.

• Must the fasting be consecutive?

The fasting does not have to be consecutive.

• Is one expiation sufficient or are more required if one swears multiple oaths regarding the same matter?

One expiation is sufficient for all of them.

• Is one expiation sufficient or are more required if one swears multiple oaths regarding different matters?

One expiation for an oath is required for each separate matter.

________________________________________

[1] Al-Nasa'i, Sunan al-Nasa'i, Hadith Number (3789).

[2] Al-Nawawi, Rawdat al-Talibin, Kitab al-Ayman, Vol. 11, P. 7.

[3] Al-Ansari, Asna al-Matalib Sharh Rawd al-Talib, Vol. 4, P. 242.

[4] Al-Ramli, Nihayat al-Muhtaj, Vol. 7, P. 36.

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Summarized Fatawaa

What is the ruling of Islamic Law on a fictitious marriage for the purpose of obtaining citizenship?

All praise is due to Allah, and peace and blessings be upon our master the Messenger of Allah ﷺ.
There is no such thing in our noble sharīʿah as a "nominal" or "fictitious" marriage or divorce. Marriage and divorce are among the sacred ordinances of Allah, and it is not permissible to manipulate them or use them as a stratagem to obtain worldly gains.
The foundational purpose of a marriage contract is the permanence and continuity of the relationship between the spouses — to establish a family, and to bring forth righteous offspring. So sacred is this bond that Allah the Almighty Himself described it as a solemn covenant (mīthāq ghalīẓ), saying {what means}: "And if you wish to replace one wife with another and you have given one of them a great amount of wealth, do not take any of it back. Would you take it in injustice and manifest sin? And how could you take it while you have gone in unto each other and they have taken from you a solemn covenant?" [Al-Nisāʾ/ 20–21]
Accordingly, it is not permissible to resort to manipulation and deception in contracts that Allah, Mighty and Majestic, has described as a "solemn covenant" — all for the sake of material and worldly benefit. Marriage is built upon permanence and does not admit of a fixed time limit. If a time limit is stipulated in the contract, the contract is rendered invalid by the consensus of the jurists. Similarly, marriage is impermissible when there exists a mutual, concealed intention to limit its duration — even if no time limit is explicitly mentioned in the contract — for this constitutes a form of unlawful circumvention of the sharīʿah. This is to say nothing of the lying and deception that such conduct involves, the prohibition of which needs no elaboration. Lying, deception, and fraud for the purpose of obtaining worldly gains are among the gravest of sins.
If, however, the marriage contract is first concluded in a valid sharʿī manner and then registered civilly, it is sound and fully valid. And Allah the Almighty knows best.

When does the time for Udhiyah begin?

 
In the Name of Allah, and may peace and blessings be upon our Master, the Messenger of Allah.
 
The permissible timeframe for Udhiyah (sacrificial offering) begins on the day of Eid al-Adha—the 10th of Dhul-Hijjah—once the sun has risen and a period of time sufficient to perform two brief prayer units (Rak'ahs) and two short sermons (Khutbahs) has passed. This window remains open until the sun sets on the final day of Tashreeq, which is the 13th of Dhul-Hijjah.
 
Our Master, the Messenger of Allah (peace and blessings be upon him), said: "Every valley of Mina is a place of sacrifice, and slaughtering may be done throughout all the days of Tashreeq." (Narrated by Al-Bayhaqi and Ibn Hibban)
 
The days of Tashreeq refer to the 11th, 12th, and 13th of Dhul-Hijjah.
 
The most virtuous time to perform the sacrifice is immediately after concluding the Eid prayer, based on the statement of the Prophet (peace and blessings be upon him): "The first thing we do on this day of ours is to pray, then we return and offer our sacrifice. Whoever does that has acted in accordance with our Sunnah (tradition), and whoever slaughters before that, it is merely meat he has provided for his family; it has nothing to do with the ritual sacrifice." (Reported by Al-Bukhari and Muslim)
 
What is meant here is an estimation of time rather than the actual performance of the prayer itself, as our Master, the Messenger of Allah (peace and blessings be upon him), used to offer the Eid al-Adha prayer immediately after sunrise.
 
The sacrifice is valid if performed at any time during these designated days, whether by day or by night, though slaughtering at night is considered disliked (Makruh). And Allah the Almighty Knows Best.

What is the ruling on eating from one`s Udhiyah?

In the Name of Allah, and may peace and blessings be upon our Master, the Messenger of Allah.
 
The Udhiyah (sacrificial offering) is divided into two categories: the vowed sacrifice (Al-Mandhurah) and the voluntary sacrifice (Al-Tatawwu').
 
First: The Vowed Sacrifice (Al-Mandhurah)
This refers to a sacrifice that has become strictly obligatory due to a formal vow (Nadr). It is completely impermissible for the person offering it, or any members of their family whom they are financially obligated to maintain, to eat any of its meat or fat. Furthermore, it is unlawful for them to personally benefit from its hide, wool, or any other part of it. If they happen to eat any portion of it, the offerer is legally obligated to give an equivalent amount of meat or its monetary value to charity. (As noted in Tuhfat al-Muhtaj by Imam Ibn Hajar al-Haytami,Vol. 9/P.364).
 
Second: The Voluntary Sacrifice (Al-Tatawwu’)
This is a recommended, non-obligatory sacrifice. The person offering it is fully permitted to eat from its meat, distribute portions as charity to the poor, and give pieces as gifts to those who are well-off. However, it remains a mandatory requirement to donate at least a minor portion of it to charity; this should not be less than approximately half a kilogram of raw, uncooked meat. And Allah the Almighty Knows Best.

What is the ruling of Islamic Law on sitting between the two prostrations, and what is the ruling on the dhikr recited during it?

Praise be to Allah, and peace and blessings upon our master, the Messenger of Allah.
Sitting between the two prostrations (al-jalsah bayna al-sajdatayn) is one of the pillars (arkān) of the prayer, while the dhikr recited during it is Sunnah according to the Shāfi'ī scholars. It is recommended (mustahabb) to say what was narrated from Ibn 'Abbās (may Allah be pleased with him), who said: "The Messenger of Allah (peace and blessings be upon him) used to say between the two prostrations in the night prayer: 'Rabbi ighfir lī, warhamnī, wajburnī, warzuqnī, warfa'nī' (My Lord, forgive me, have mercy on me, make good my deficiencies, provide for me, and raise me)." If one were to say a different supplication instead, such as "Rabbi ighfir lī" (My Lord, forgive me), the prayer would still be valid.
If the worshipper omits this dhikr between the two prostrations, whether intentionally or out of forgetfulness, their prayer remains valid and nothing is required of them, though they miss the reward of following the Sunnah. Leaving it out does not necessitate the prostration of forgetfulness (sujūd al-sahw).
It is stated in Hāshiyat al-Bājūrī 'alā Sharḥ Ibn Qāsim 'alā Matn Abī Shujā' (Vol.1/P.298): "The eleventh — i.e., of the eighteen pillars — his statement: 'sitting between the two prostrations,' meaning even in a supererogatory (nafl) prayer... his statement: 'with the supplication that has been narrated concerning it,' meaning: 'Rabbi ighfir lī, warhamnī, wajburnī, warfa'nī, warzuqnī, wahdinī, wa 'āfinī' (My Lord, forgive me, have mercy on me, make good my deficiencies, raise me, provide for me, guide me, and grant me well-being). Al-Ghazālī added: 'wa'fu 'annī' (and pardon me). Al-Mutawallī also added: 'Rabbi hab lī qalban taqiyyan, naqiyyan min al-shirk, bariyyan lā kāfiran wa lā shaqiyyan' (My Lord, grant me a heart that is God-fearing, pure from associating partners with You, innocent, neither disbelieving nor wretched)."And Allah, the Most High, knows best.

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