In the name of Allah, the Most Merciful, the Bestower of Mercy. There is no power or strength except through Allah, the Most High, the Magnificent.

Book of Oaths Involving Divorce

What Has Been Reported Concerning Oaths Involving Divorce

The basis for the binding force of oaths involving divorce is the saying of Allah, Mighty and Majestic:

“O you who believe, fulfil your obligations.” [al-Māʾida: 1]

This refers to oaths, vows, and all other undertakings that are binding under Islamic law.

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Oaths fall into three categories: permissible, disliked, and prohibited. Permissible oaths are those sworn by Allah Most High, by any of His most beautiful names, or by His sublime attributes. Allah Most High has permitted His servants to swear by His name and has legislated this for them in several verses of His Book. He, Exalted is He, says:

“They swear by Allah their most solemn oaths.” [al-Anʿām: 109]

He also says:

“Then the testimony of one of them shall be four attestations by Allah that he is indeed telling the truth.” [al-Nūr: 6]

And He says:

“Detain them both after the prayer, and, if you have doubts, let them swear by Allah.” [al-Māʾida: 106]

And His saying:

“Then let them both swear by Allah, ‘Our testimony is truer than theirs, and we have not transgressed. Otherwise, we would indeed be wrongdoers.’” [al-Māʾida: 107]

As for the report that Jesus son of Mary used to say to the Children of Israel, “Moses forbade you to swear falsely by Allah, whereas I forbid you to swear by Allah, whether falsely or truthfully,”