Oath Administration in Islamic Law
Definition and Context
An oath in Islamic jurisprudence refers to a solemn promise made in the name of God (Allah) to assert the truth of one’s statement or testimony in legal settings, specifically within courts of justice. In Islam, the administration of an oath is a serious and sacred act, intricately linked to one’s faith and religious commitment.
Etymology and Translations
- Arabic: قسم (Qasam)
- Turkish: Yemin
The term “Qasam” in Arabic, which translates to “Yemin” in Turkish, is derived from the root word “ق-س-م” (Q-S-M), which means to divide or distribute, indicating the act of partitioning one’s words to truthfully affirm a statement.
Significance and Theological Basis
According to Islamic teachings, an oath must be taken exclusively in the name of God. The Prophet Muḥammad (peace be upon him) emphasized the gravity of this act, stating, “Whosoever takes an oath otherwise than in the name of God, is most certainly a polytheist.” This underscores the monotheistic foundation of Islamic belief, where invoking anything other than God in an oath detracts from divine worship.
Procedural Aspects
For Muslims
It is incumbent upon the Qāẓī (judge) to ensure that the swearer corroborates his or her oath by including attributes of God, for example: “I swear by God, the Righteous, the Knower of Secrets.”
For Non-Muslims
- Jews: Should swear by God who revealed the Taurāt (Torah) to Moses.
- Christians: Should swear by God who revealed the Injīl (Gospel) to Jesus.
- Majūsīs (Zoroastrians): Should swear by God who created fire.
This accommodation highlights Islamic recognition of other monotheistic traditions while maintaining theological coherence.
Legal Rulings and Exclusions
- Divorce and Emancipation: It’s prohibited to require a defendant to swear an oath invoking divorce or emancipation, as it encroaches on personal and social matters.
- Places of Worship: An oath cannot be administered in the places of worship of Jews, Christians, or idolaters, due to a Qāẓī’s inability to enter such places per Islamic law.
Women and Oaths
Contrary to certain other religious traditions, women in Islamic law are generally permitted to bear witness under oath, exhibiting a progressive stance on gender inclusivity in legal testimonies.
Qur’anic Foundation
The practice is rooted in the Qur’an, e.g., “If ye ask of them who hath created you, verily they will say God Almighty.” (Surah Az-Zumar, 39:38)
Suggested Books for Further Studies
- “The Hidāyah: Commentary on the Islamic Laws of Jurisprudence” - Translated by Charles Hamilton
- “The Reliance of the Traveller” by Ahmad Ibn Naqib al-Misri
- “Islamic Jurisprudence” by Imran Ahsan Khan Nyazee
Takeaways and Conclusion
The administration of an oath in Islamic law encapsulates the essence of faith, truth, and divine acknowledgment. By structuring the process carefully and inclusively, Islamic jurisprudence ensures the sanctity of testimonies and upholds the religious integrity of various communities.
Understanding such intricate religious and legal procedures enriches our appreciation of Islamic law’s nuanced approach to justice and communal harmony.
