Ruling on a False Oath Taken Under Compulsion and Fear for Life

Source: Fatāwā Amunpuri — by Shaykh Ghulam Mustafa Zaheer Amunpuri

❖ Question​


If a person takes a false oath out of fear for his life, what is the ruling?

❖ Answer​


The one who fears for his life is under compulsion, and a compelled person is not held accountable for his actions.

❀ Statement of Allah Almighty:​


﴿مَنْ كَفَرَ بِاللَّهِ مِنْ بَعْدِ إِيمَانِهِ إِلَّا مَنْ أُكْرِهَ وَقَلْبُهُ مُطْمَئِنٌّ بِالْإِيمَانِ﴾
(Sūrah al-Naḥl: 106)


“Whoever disbelieves in Allah after having believed—upon him is Allah’s wrath—except for the one who is compelled while his heart is content with faith.”


If a person with firm faith in his heart is forced into uttering words of disbelief, he does not become a disbeliever. Similarly, one who is forced into giving a false oath or false testimony is not sinful.

❀ Imām al-Shāfiʿī رحمه الله, deriving from this verse, said:​


“When Allah has lifted (the sin of) disbelief from a person under compulsion, then all other statements said under compulsion are also excused, because when the greater matter is forgiven for people, the lesser is automatically forgiven.”


(Al-Sunan al-Kubrā by al-Bayhaqī, 2/122)

Statement of ʿAllāmah Ibn Rajab رحمه الله


“The Qur’an has clearly stated pardon for actions done out of mistake or forgetfulness, and likewise it has clearly stated pardon for actions done under compulsion.”


(Jāmiʿ al-ʿUlūm wa al-Ḥikam, p. 452)
 
Back
Top