Ruling on Taking an Oath by the Noble Qur’an in Islam

Source: Fatāwā Amunpuri by Shaykh Ghulam Mustafa Zaheer Amunpuri

Question:

What is the ruling on taking an oath by the Noble Qur’an?

Answer:

Taking an oath by the Noble Qur’an is permissible, because the Noble Qur’an is the Speech of Allah Almighty and is not created.

Ḥāfiẓ Ibn ʿAbd al-Barr رحمه الله (463 AH) writes:

“There is consensus that whoever takes an oath by Allah, by any of Allah’s Names, by any of His Attributes, by the Noble Qur’an, or by any part of it, and then breaks it, the expiation (kaffārah) of an oath becomes obligatory upon him as described by Allah in the Noble Qur’an. There is no difference of opinion among the people of knowledge regarding this. The scholars are unanimously agreed that explicit wording for an oath by Allah is with the words: billāh and wallāh.”
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Reference: Al-Tamhīd limā fī al-Muwaṭṭaʾ min al-Maʿānī wa al-Asānīd: 14/369


Imām Abū Jaʿfar Aḥmad bin Sinān al-Wāsiṭī رحمه الله (259 AH) said:

Whoever believes that there are two Qur’ans, or that the present Qur’an is merely a representation, then by Allah, he is an offshoot of a heretic. This Qur’an is the very one that Allah revealed to Muḥammad ﷺ through Jibrīl. No change or alteration can occur in it; falsehood cannot approach it from before nor from behind. It is revealed from the All-Wise, the Praiseworthy Lord. Allah says:

﴿قُلْ لَئِنِ اجْتَمَعَتِ الْإِنْسُ وَالْجِنُّ عَلَى أَنْ يَأْتُوا بِمِثْلِ هَذَا الْقُرْآنِ لَا يَأْتُونَ بِمِثْلِهِ﴾
[Al-Isrāʾ: 88]

Translation:
“Say: If mankind and jinn were to gather together to produce the like of this Qur’an, they would not be able to produce the like of it.”

If a person swears an oath that he will not speak today, then performs ṣalāh, recites the Qur’an, or gives salām in prayer, no expiation is required, because the Qur’an cannot be compared with other speech. The Qur’an is the Speech of Allah; from Him it began and to Him it returns. The Names of Allah, His Attributes, and His Knowledge are not created.

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Reference: Ikhtiṣāṣ al-Qur’ān bi ʿAwdihi ilā al-Raḥmān al-Raḥīm by al-Ḍiyāʾ al-Maqdisī, p. 32


Imām al-Shāfiʿī رحمه الله (204 AH) said:

من حلف باسم من أسماء الله فحنث فعليه الكفارة لأن اسم الله غير مخلوق ومن حلف بالكعبة أو بالصفا والمروة فليس عليه الكفارة لأنه مخلوق وذاك غير مخلوق.
Translation:
“Whoever swears an oath by one of the Names of Allah and then breaks it, expiation is due upon him, because the Names of Allah are not created. And whoever swears by the Kaʿbah or by Ṣafā and Marwah, no expiation is due upon him, because these are created, whereas the Name of Allah is not created.”

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Reference: Ādāb al-Shāfiʿī wa Manāqibuhu by Ibn Abī Ḥātim, p. 193

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Reference: Ḥilyat al-Awliyāʾ by Abū Nuʿaym: 9/113

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Reference: Al-Sunan al-Kubrā by al-Bayhaqī: 10/28

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Reference: Manāqib al-Shāfiʿī by al-Bayhaqī: 1/405


Imām Aḥmad bin Ḥanbal رحمه الله (241 AH) said:

أسماء الله في القرآن والقرآن من علم الله فمن زعم أن القرآن مخلوق فهو كافر ومن زعم أن أسماء الله مخلوقة فقد كفر.
Translation:
“The Names of Allah are in the Qur’an, and the Qur’an is from the Knowledge of Allah. Whoever claims that the Qur’an is created has disbelieved, and whoever claims that the Names of Allah are created has also disbelieved.”

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Reference: Al-Miḥnah by Abū al-Faḍl Ṣāliḥ bin Aḥmad bin Ḥanbal, p. 69


Ṣāḥib al-Hidāyah رحمه الله (593 AH) writes:

من حلف بغير الله لم يكن حالفا كالنبي والكعبة وكذا إذا حلف بالقرآن لأنه غير متعارف.
Translation:
“Whoever swears by other than Allah has not taken a valid oath, such as swearing by the Prophet ﷺ or by the Kaʿbah. Likewise, swearing by the Qur’an is not customary; therefore, it should not be sworn by.”

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Reference: Al-Hidāyah: 2/318


ʿAllāmah Ibn al-Humām رحمه الله (861 AH) writes:

It is not hidden that swearing by the Qur’an has now become customary, therefore it will be considered a valid object of oath, as is the view of the three Imams. What Ṣāḥib al-Hidāyah stated—that swearing by the Qur’an is not valid—cannot be justified by claiming that the Qur’an is other than Allah or that it is created. Declaring the Qur’an created in absolute terms would lead people to assume that the Speech of Allah itself is created, which is not said. As for swearing by the Qur’an, it must be interpreted according to common usage at the time of taking the oath.

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Reference: Fatḥ al-Qadīr: 5/69

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Reference: Al-Baḥr al-Rāʾiq by Ibn Nujaym: 4/311


ʿAllāmah Ibn Abī al-ʿIzz رحمه الله (792 AH) writes:

Swearing by the Qur’an is permissible according to the view of the three Imams, because it has become customary in our time. The statement of the one who says that swearing by the Qur’an is not permissible on the basis that it is created is not worthy of consideration. Declaring the Qur’an created is the doctrine of the Muʿtazilah, and it is disbelief, because it is well known that the Qur’an is the Speech of Allah and not created.

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Reference: Al-Tanbīh ʿalā Mushkilāt al-Hidāyah: 4/86–87
 
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