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Oath and its Implications from Islamic Perspective

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Allawh Journal of Arabic and Islamic Studies, vol. 4, no. 1, pp. 191-202.

Oath and its Implications from Islamic Perspective

By

OLAOFE, Musa Adeyemi

Department of Philosophy & Religions,
Faculty of Arts,
University of Abuja,
P. M. B. 117,
FCT, Abuja.
olaofemusa@yahoo.com

and

Abdulazeez Balogun SHITTU, PhD

Department of Philosophy & Religions,
Faculty of Arts,
University of Abuja,
P. M. B. 117,
FCT, Abuja.
abshittu@yahoo.com
Allawh Journal of Arabic and Islamic Studies, vol. 4, no. 1, pp. 191-202.

Abstract
Lackadaisical attitude and levity approach to oath and its implications clearly manifest in the way
many people swear unnecessarily and treat oath as normal thing in their day-to-day activities.
Lack of adequate knowledge about the gravity of what oath entails might have led to the breaking
of oath in different ways, which carries serious consequences for those who treat it with levity.
This paper looks at oath and its implications from Islamic perspectives and itemises types of oath,
what is required of a person who breaks an oath, as well as religious guidance on how to make a
valid oath if necessary. The paper admonishes the Muslims to be conscious of oath and should see
it as the last result if the need arises. Similarly, if a believer needs to swear, he must do so with the
Name of Allah (SWT) or His Attribute. The paper equally warns that oath should not be seen as
an escaping route from difficult situation to pacify fellow human beings, but rather a serious issue
which should be handle with utmost care.

Introduction
Oath taking is as old as human existence. Different people result to it at various occasions for
diverse reasons. However, due to lack of adequate knowledge, oath taking has become a trivial
issue in some household. Islam sees oath taking as a vital issue that should not be toy with in any
circumstances. That is why it put in places some forms of expiation to deter people from swearing
unnecessarily. A glance at our society today reflects a very disturbing picture whereby oath is
handled with levity. This menace cut across all facets of our lives; politicians, public figures,
religious leaders, business men and women and others in their ilk swear to show commitment and
seriousness on their part, especially when it comes to agreement and mutual understand on a
particular issue. Unfortunately, majority of those who swear right from the onset of their accord
know vividly in their mind that they will not honour the agreement. This kind of attitude put to
test the sincerity of those involved with their own self, the other parties to the agreement, and,
above all, the Almighty Creator, Allah. This paper tries to dwell on the intricacies of oath taking
using Islam as a standard to measure and evaluate issues related to it. What becomes of a person
who intentionally or unintentionally breaks an oath? What is the way forward for those who have
been using oath as an escaping avenue to cheat others but ready to repent and behave according to
the dictates of the Qur‟an and Sunnah? All these and related issues are attempted to give a clear
picture of how a believer should conduct himself if the need arises to swear or take an oath.

The Meaning of Oath

Oath is normally used to affirm reality and reliability of information. Similarly, it is used in
another occasion to show the seriousness and authenticity of what the speaker is talking about. In
the same vein, oath may refer to a vow to carry out or not to carry out a particular act. In Islam,
before an oath becomes binding, the speaker must make pronouncement of Allah‟s Name or His
Attribute. If he does so, the oath becomes binding and if it is broken, expiation must be carried
out. Imam az-Zarkashi (d. 1392CE) defines an oath as a sentence that confirms a statement
through emphasis (al-Kashaf, 4/141). In his own attempt to define oath, Imam as-Suyuti (d.
1505CE) maintains the similar terms when he says; “the purpose of an oath is to confirm a
statement and place emphasis upon it.” (Al-Itqan fi „Ulum al-Qur‟an, 2/133). In a nutshell, an oath
is a verbal statement conjoined with a phrase of swearing, such as “By Allah” or “I swear by
Allah.” The above definitions show that oath taking connotes a kind of commitment on the part of
those involved to do or not to do something. Uttering the name of the Almighty gives credence to
the matter at hand and makes Him a witness to the agreement.

Conditions for Valid Oath

Allawh Journal of Arabic and Islamic Studies, vol. 4, no. 1, pp. 191-202.

There are certain conditions put in place with regard to a valid oath as far as Islam is concern.
Among them are the following:
1. The person swearing an oath must have reached the age of puberty. In other words, he
must have mentally sound to distinguish between the right and wrong, and must be free all
sorts impediments that may render the oath null and void.
2. The oath depends on the person himself; it should not be taken by proxy, deputy or
representative of the real person required to take the oath. Since the oath is related to the
trust and religion of the person to swear, a guardian or deputy cannot use that right.
3. It must be related with the rights that are permissible. It is related in one of the ahadith of
the Prophet (SAW) that “The evidence is to be provided by the plaintiff and the oath by
the defendant. Therefore, the oath is not valid for goods that are not permissible.
4. It has to be taken in Allah‟s name or his attributes. Oaths in the name of children, parents,
kabah, etc, are not valid.
5. The oath/vow must not be on something impossible. If a person says “I swear I will grow
wings on my back and fly” then it won't be a valid oath.
6. “Insha Allah” (God willing) is not regarded as a statement of oath. If anyone says insha
Allah I will do so and so and is unable to do it, there will be no expiation for his inability
to carry out the task.

Whenever an oath is taken, it is obligatory on the person to fulfil it. It is not allowed to take false
oath in the name of the Almighty. Allah says in the Glorious Qur‟an:
And be not like her who undoes the thread which she has spun after
it has become strong, by taking your oaths a means of deception
among yourselves... (al-Nahal, 92).

In the same vein, „Abdullah ibn „Amr reported that Prophet Muhammad (SAW) said: “among the
major sins (kabair) are associating partners with Allah (SWT), disobedience to parents, murder,
and false oaths.” (related by Bukhari and Muslim).

Similarly, Allah (SWT) reiterates in the Glorious Qur‟an that those who relented in their covenant
with Allah with have it rough on the Day of Resurrection:

Verily, those who purchase a small gain at the cost of Allah‟s

Covenant and their oaths, they shall have no portion in the hereafter
(Paradise). Neither will Allah speak to them, nor look at them on the
Day of Resurrection, nor will He purify them, and they shall have a
painful torment. (Al-Imaran, 77).

From the foregoing Qur‟anic verses and Prophetic tradition, it is evident that oath taking is a
serious business in Islam and a sincere Muslim must not toy with it.

Types of Oath
Oath in Islam is divided into three main categories, namely; Yamin al-Laghw (Accidental Oath),
Yamin Mun’aqidah (Determined Oath) and Yamin Ghamus (Immersed/False Oath). Insha Allah
we shall try to explain these three divisions of oath in the light of Qur‟an and Sunnah.

Accidental Oath (Yamin Laghw)

Allawh Journal of Arabic and Islamic Studies, vol. 4, no. 1, pp. 191-202.

Accidental oath is regarded as an unintentionally uttered oath by an individual. Such oath,

according to scholars, is not regarded as sinful act and no expiation will be paid for it. This
opinion is based on a Qur‟anic injunction which says:

Allah will not call you to account for that which is unintentional in
your oaths, but He will call you to account for that which your
hearts have earned... (al-Baqarah, 225).

However, if someone intentionally utters a word of oath and claims that it is a slip of the tongue,
Allah knows better and He will equally reward such a person accordingly. Similarly, scholars
have divergence opinion on the real meaning of unintentional oath. According to Imams Shafi‟
and Ahmad, accidental oath refers to what is uttered by the tongue but not intended by the heart.
For example, if a person says by the name of Allah or I swear by Allah but did not intend to say
so. This explanation was also reported from early scholars such as „Aisha, Sh‟abi and Ikrimah (as-
Sabuni, 1/243). Conversely, Imams Abu Hanifah and Malik are of the opinion that accidental oath
occurs when someone swears over something thinking that it exactly what he thinks, but in reality,
it is contrary to his judgment. This opinion is also recorded from Ibn „Abbas, Hassan al-Basri and
Mujahid (as-Sabuni, 1/244). According to Ibn Jarir at-Tabari, both opinions are regarded as
unintentional oath. He maintains that accidental talk in Arabic language consists of all utterances
not intended by the speaker. It may be in form of what he thought is reality and stands firm on it
but later through thorough investigation or information discovers that the truth is the opposite
(Jami‟ al-Bayan, 2/413).

Determined Oath (Yamin Mun’aqidah)

Determined Oath is swearing to do something in the future. It may also refer to an oath taken to
undertake or not to undertake something. Then, if such a person after swearing breaks his oath,
expiation is binding upon him. Islamic scholars further divide Determined Oath into three sub-
divisions as: mursal, muwaqqat and fawr.

a. Yamin Mursal (Timeless Oath): This refers to an oath that is sworn to do or not to do
something without stating time. A person who swears an oath that he shall do something
but does not say when, it is called yamin mursal. He can do it before the time of his death
and be freed from it. His oath is not regarded to have been broken with the passing of a
certain period of time. This type of oath is also known as “yamin mutlaq” (absolute oath).

b. Yamin Muwakkat: It is an oath that is sworn stating a period of time. That oath is based on
the time that is stated. When that period of time ends, the obligation of that oath ends too.
For instance, if a person swears an oath that he shall not eat fruit for three days, he will not
be regarded to have broken his oath if he eats fruit after three days have passed. If a person
who swears an oath that he shall do something within a certain period of time does it
during that period, he is regarded to have kept his oath. If he does not do it during that
period and does it later, he is regarded to have broken his oath and kaffarah becomes
necessary for him. If a person dies before the certain period of time passes, he is not
regarded to have broken his oath according to Abu Hanifa and Muhammad. He is however
regarded to have broken his oath according to Abu Yusuf. This type of oath is also called
“Yamin Muqayyad” (conditioned oath).
Allawh Journal of Arabic and Islamic Studies, vol. 4, no. 1, pp. 191-202.

c. Yamin Fawr: It is an oath connected with a reason. In other words, it is an oath that
implies the present not the future. An oath sworn while answering a question may be
regarded as Yamin Fawr. For instance, when someone comes to a place and meets some
people eating and when they invite him to eat, he says, “Wallahi I shall not eat”; it is
Yamin Fawr. It is not related to the future but to the present. Therefore, if that person eats
something later, that eating does not break his oath (Mu‟jam Lughat al-Fuqaha, 514).

In Determined Oath, doing what the oath necessitates is called barr, breaking the oath is called
hins, and the person who breaks his oath is called hanis. A person who does what the oath
necessitates is freed of the oath. A person who breaks his oath needs kaffarah, cleanse himself of
the sin associated with the offense, because he is regarded to have committed perjury. What is
necessary in an oath is to act accordingly (be loyal). However, it may change depending on the
religious decree regarding the issue in question. Consequently, scholars divide being loyal to the
oath into five categories:

a. Oaths that are wajib to do what they entail: To perform a fard worship, to save an innocent
person from death, to act in accordance with orders that are given in order to abandon a
haram. Prophet Muhammad (SAW) was reported to have said: “A person who takes an
oath to obey Allah should obey Him. A person who does not do what an oath like that
necessitates becomes a sinner; he needs to repent and ask for forgiveness; in addition, he
has to pay kaffarah to cleanse himself. (Sunan as-Sughrah, 3/231).

b. Oaths that are haram to take but wajib not to carry out: To swear an oath in order to
abandon a fard or to commit a haram act is a haram oath; it is fard to break it. Therefore,
for instance, a person who swears an oath that he shall not talk to his parents must talk to
his parents, that is, he must break his oath and pay kaffarah. In addition, he should repent
because he swore an oath for something haram. The Prophet (SAW) was reported to have
said: “If someone swears an oath for something and if he sees that something else is better,
he should pay kaffarah and then do that better thing. (Nasai, Ayman, 41; Abu Dawud,
Ayman, 12). It is also related in a similar hadith that; “There is no swearing oath or vow in
disobedience to Allah, abandoning visiting one‟s relatives, and in the things that you do
not own.” (Abu Dawud Ayman, 12; Ahmad b. Hanbal, 2/185, 202).

c. Oaths that are mandub (recommended) to keep: They are oaths that are related to righteous
deeds. For instance, it is mandub to keep an oath that is sworn to do a mandub act. To
break such an oath is makruh (abominable), and kaffarah is necessary.

d. Oaths that are mubah (permissible; neither obligatory nor forbidden): It is mubah to do or
not to do something mubah or to swear an oath for a piece of news that is true. It is better
to break such an oath. If it is broken, kaffarah is necessary.

e. Oaths that are makruh: It is makruh to swear an oath to commit something makruh or to
abandon something mandub. It is makruh to swear an oath while buying or selling
something. It is better to break such an oath and pay kaffarah. It is makruh to be loyal to
the oath. (al Mughni, 2/167).

The Immersed/False Oath (Yamin Ghamus)

Allawh Journal of Arabic and Islamic Studies, vol. 4, no. 1, pp. 191-202.

Immersed/False Oath connotes swearing over something in the past and deliberately lying about
it. In other words, it is committing perjury deliberately about something in the past or present. The
undertaker of this oath is sinful, but there is no expiation for it other than seeking forgiveness
from Allah (SWT). It is called an Immersed Oath because one immerses and plunges oneself in
sin. According to Hanafi, Hanbali and Maliki scholars, there is no kaffarah (atonement) for false
oath. They reiterate that the only way out for such a person is to ask forgiveness from Allah and
make sincere repentance and desist from such in future. They maintain that such an oath is a great
boldness against Allah (SWT) and disdaining Him. Due to the gravity of the sin, it is not possible
to eliminate such a sin with kaffarah. In the same vein, Prophet Muhammad (SAW) was reported
to have said in a hadith that there was no kaffarah for five things and he listed the oath that a
person had to keep among them. (Nayl al-Awtar, 8/264). In other words, kaffarah is not sufficient
to cleanse the victim from the sin accumulated from such oath. Al-Kasani (d 587/1191) is
however of the opinion that sincerely repenting and asking for forgiveness are kaffarah for false
oath (Kasani, 3/15). According to Shafi‟ scholars, kaffarah is necessary for that oath (Ibn
Qudamah, 11/178).

Expiation for Breaking an Oath

Expiation (Kaffarah) is necessary when yamin mun’aqidah is broken no matter what kind it is.
Normally, kaffarah is paid after the oath is broken. There is no disagreement among the scholars
that the kaffarah paid after the oath is broken is valid. However, it is contentious whether kaffarah
that is paid before the oath is broken is valid or not. According to Hanafi scholars, kaffarah must
definitely be paid after the oath is broken no matter if it is paid by goods or by fasting. They
maintain that it is not permissible to pay kaffarah before the oath is broken. On the other hand, the
Shafi‟ scholars are of the opinion that, if kaffarah is to be paid by goods, it can be paid before the
oath is broken. In the same vein, the Hanbali and Maliki scholars reiterate that, it is permissible to
pay kaffarah before the oath is broken regardless of whether it is paid by goods or by fasting.
There is however consensus agreement among the scholars that if kaffarah is paid before swearing
an oath and if the oath is broken later, the kaffarah is not valid. (Ibn Qudamah, 11/223-226).

Expiation for the broken oath is of different types which include:

1. If a person breaks his oath, he is required to pay a kaffarah which comprises feeding 10
destitute persons with two meals each. Alternatively, he could give dry groceries to each
poor person. When given food stuff, he must ensure that the food items are sufficient to
cater for the number of people and their meals. He could also offer some clothing to 10
poor persons. The clothing must be such that it can cover a major portion of the poor
persons‟ body such that they will be able to observe solah (prayer) with it. If one gives
food or clothe, the kaffarah is valid.

2. In a situation where a person is poor and cannot afford to feed or clothe indigents, he has
to fast for three days consecutively. If he does not fast consecutively for three days, and
instead misses a fast or two in between for whatever reason, the kaffarah will not be
fulfilled.

3. Among the varieties of expiation is freeing a slave for someone who can afford it.

Detail explanation of how someone who needs to expiate for a broken oath is contained the
following verse:
Allah will not punish you for what is unintentional in your oaths,
but He will punish you for your deliberate oaths; for its expiation [a
Allawh Journal of Arabic and Islamic Studies, vol. 4, no. 1, pp. 191-202.

deliberate oath] feed ten Masakin (indigents), on a scale of the

average of that with which you feed your own families; or clothe
them; or manumit a slave. But whosoever cannot afford [that], then
he should fast for three days. that is the expiation for the oaths when
you have sworn . And protect your oaths. Thus Allah make clear to
you his Ayat [proofs, evidences, verses, etc.] that you may be
grateful. (al-Ma‟idah, 89).

Swearing not to have Sexual Relation with one’s Legitimate Wife (Ilaa’)
If a man swears that he will not have sexual relationship with his legitimate wife for more than
four months. For example if he says: I swear by Allah, I will not touch you, or by Allah, I will not
have sex with you, etc, this is called ilaa’ in Islamic Jurisprudence parlance. Ibn „Abbas informs
that such oath “ilaa’” during the Jahiliyyah period may last for a year or two, it is done to punish
the wife if she offends her husband. But Allah regulates it and reduces the period to four months.
However, whoever makes such oath in less than four months, such is not regarded as critical ilaa’
(Jami‟ al-Ahkam, 3/103). Majority of the scholars are of the opinion that if a man decides not to
have sex with his wife for more than four months without making pronouncement of oath to that
effect, it is not regarded as ilaa’, no expiation is required and it is not a divorce (talaq). In such a
situation, the man will be advised to either go back to her or divorce her so as to allow her to
remarry (as-Sabuni, 1/244). It is however not allowed for a Muslim to decide to hurt his wife with
such oath because it may lead to greater consequences. If a wife misbehaves there are proper
channels laid down by the Shari‟ah to address such issues to the benefit of both parties.

Swearing by Creatures other than Allah

In Islam, it is not allowed to swear by any creature of Allah except by the Name or Attribute of
Allah (SWT). This is so due to the fact that an oath connotes a solemn appeal to Allah to witness
one‟s determination, or to emphasise a judgment by mentioning a glorified one in particular.
Glorification and exaltation are due to Allah (SWT) alone, therefore, it is not permissible to swear
by other than Allah. Scholars are agreed that an oath must be sworn by Allah, His names or
attributes only, and swearing by other than Allah is tantamount to Shirk. Ibn „Umar (RA), reported
that Allah‟s Messenger (SAW) said: “He who swears by other than Allah, commits Kufr or
Shirk.” (Ahmed and others). In other words, swearing by other than Allah (SWT) is regarded as
minor Shirk, unless the one who is sworn by is aggrandised by the one who swears to the point of
worship, in that case it constitutes major Shirk. In a hadith related Ibn „Umar (RA) The Prophet
(SAW) was reported to have said: “Allah has prohibited you from taking an oath by your fathers.
He who must take an oath, may do so by swearing in the Name of Allah or he should remain
silent.” (Bukhari and Muslim).

However, Almighty Allah swears by Himself and His creation. Ibn Abi Hatim recorded that Ash-
Sha‟bi and others stated that the Creator swears by whatever He wills among His creation, but the
created only vow by the Creator. There are numerous example of this in the Glorious Qur‟an,
among them are the following:

So I swear by the Lord of all points of sunrise and sunset in the East
and the West that surely we are able. To replace them by (others)
better than them; and we are not to be outrun. (Al-Ma‟arij, 40-41).

Allah bears witness that La ilaha illa Huwa (none has the right to be
worshipped but He), and the angels, and those having knowledge
(also give this witness); (He is always) maintaining His creation in
Allawh Journal of Arabic and Islamic Studies, vol. 4, no. 1, pp. 191-202.

justice. La Ilah illa Huwa (none has the Right to be worshipped but
He), the All-Mighty, the All-Wise. (Al-„Imran, 18).

After speaking about the creation and the divine commands to people, there should be assurance
for the major issue which the unbelievers strongly oppose. For that, Allah the Almighty swears by
Himself to assure that there will be a resurrection. They assumed that there would be no
resurrection, arguing and challenging Prophet Muhammad (SAW) to resurrect their ascendants. In
order to show them the magnitude of the issue at hand, Allah (SWT) addresses them, swearing by
Himself, that there will be a resurrection, and He can remove and substitute them with other
people. The same applies to the other verses of the Qur‟an which are related to Allah swearing by
His creation.

Using Oath as Hindrance from doing the Right Thing

Though, Islam takes oath taking very seriously, and whoever swears to do or not to do something
must stick to his oath. Similarly, Islam discourages the habit of using oath as impediment from
doing the right thing. Such was the practice of some people during the Jahiliyyah (ignorance)
period and in the early days of Islam. They used to swear at slightest provocation, and in most
cases, using it as “escaping corridor” from shouldering responsibility or doing justice. In order to
dissuade people from using oath as hindrance from doing what is expected of them, Allah warns
in the Glorious Qur‟an:

And make not Allah's (Name) an excuse in your oaths against your
doing good and acting piously, and making peace among mankind.
And Allah is All-Hearer, All-Knower. Allah will not call you to
account for that which is unintentional in your oaths, but He will
call you to account for that which your hearts have earned. And
Allah is Oft-Forgiving, Most-Forbearing (al-Baqarah, 224-225).

According to Tafsir (Qur‟an exegesis) scholars, the reason (sabab an-Nusul) for the revelation of
the above verses was due to the attitude of a man called Abdullah ibn Rawaha who had
misunderstanding with a fellow Muslim, Bashir ibn an-Numan. He then swore not to interact with
him again. As a result of that, he forsook him and refused to talk to him. Whenever he is asked to
reconcile with him, he will claim that he had sworn with Allah‟s name not to relate with him
anymore and it is unlawful for him not to keep that and Allah revealed the verses to warn the
believers not to use oath with the name of the Almighty as escaping route from doing good deeds
or taking up responsibilities (Futuhat al-Ilahiyyah „al al-Jalalayn, 1/180).

Conclusion
Attempts have been made in the preceding paragraphs to elucidate the significance of oath from
Islamic perspective. So as to guide on proper way of making oath if the need arises and to explain
the rules and regulation that are attached to oath taking. The paper hereby admonishes that oath is
a serious issue as far as Islam is concerned. Therefore, it should not be taken for fun. A Muslim is
equally not allowed to toy with it. It also advises that a Muslim should only swear when there is a
need for it, and only when one is telling the truth, because frequent swearing and lying signifies
taking lightly swearing by Allah and the lack of exalting Him. This contradicts the perfect belief
in the Oneness of Allah. Similarly, Prophet Muhammad (SAW) mentioned three categories of
people that Allah (SWT) will not talk to them, nor will He purify them, and they shall receive a
painful torment. In the hadith, the Prophet (SAW) enumerated among those three people; “A man
who made Allah as his commodity. That is, buying nothing except by swearing by Allah, and
selling nothing but by swearing by Allah.” (At Tabarani). Stressing on threats against frequent
 Allawh Journal of Arabic and Islamic Studies, vol. 4, no. 1, pp. 191-202.

swearing indicates its prohibition out of reverence to the name of Allah, the Exalted, and out of
His exaltation, Glory be to Him. Prohibited too is swearing by Allah falsely, such is called the
plunger. Allah has described the hypocrites as taking oaths, falsely and knowingly. An oath
signifies exalting the one by whom it is sworn, while exaltation is due to Allah alone, and an oath
which is sworn by Allah must be revered, and should not be taken quite often less it losses it
meaning and impact.

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