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Sharʿi Ruling on an Oath Taken Under Duress

If Someone Is Forced to Take an Oath, Is It Binding?
By: Imran Ayyub Lahori


1. Ruling


If a person is compelled to take an oath under duress, it will not be binding upon him, and breaking it will not make him sinful.


2. Qur’anic Evidence


﴿مَن كَفَرَ بِاللَّهِ مِن بَعْدِ إِيمَانِهِ إِلَّا مَنْ أُكْرِهَ وَقَلْبُهُ مُطْمَئِنٌّ بِالْإِيمَانِ﴾ [Al-Naḥl: 106]
“Whoever disbelieves in Allah after his belief — except for one who is compelled while his heart is firm in faith — but those who open their hearts to disbelief, upon them is the wrath of Allah, and they will have a great punishment.”


3. Prophetic Evidence


The Prophet ﷺ said:
"رُفِعَ عَنْ أُمَّتِي الخَطَأُ وَالنِّسْيَانُ وَمَا اسْتُكْرِهُوا عَلَيْهِ"
“My Ummah has been absolved of error, forgetfulness, and what they are forced to do.”
[Ṣaḥīḥ: Irwāʾ al-Ghalīl: 82; Ibn Mājah: 2045; Al-Ṭabarānī al-Kabīr: 11/133; Al-Ḥākim: 2/198]


4. Principle from Imām al-Bukhārī (رحمه الله)


He titled a chapter: “Al-Niyyah fī al-Aymān”Intention in Oaths — under which he quoted:
"إِنَّمَا الأَعْمَالُ بِالنِّيَّاتِ"
“Actions are only by intentions.”
[Al-Bukhārī: 6689]


5. Conclusion


From these evidences, it is clear that:


  • An oath is binding only if it is taken intentionally and willingly.
  • If a person is forced to take an oath, it is neither binding nor does its breaking require kaffārah.
  • Fuqahāʾ also give preference to the condition that a valid oath must be free from coercion.

References: Fiqh al-Sunnah 3/80; Al-Fiqh al-Islāmī wa Adillatuh 4/2476; Al-Sayl al-Jarrār 4/6.
 
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