Swearing on the Quran.
To swear in someone’s name means to honor him and to sanctify his being. Only Allah is entitled to such honor. He who swears or swears in the name of any entity other than Allah is basically associating and associating that entity with the honor and authority of Allah. Therefore, it is shirk. It is a sin for poets to swear falsely in the name of Allah, but it is not shirking. Shirk poets are bigger than Guna, even if it is small Shirk. The one who swears by the name of Pir, he has made Pir equal to Allah; He who swears by the Prophets and the Elders has made them equal to Allah; Similarly, he who swears by an object other than Allah and His attributes, associates it with Allah’s right and special honor. Narrated Umar (may Allah be pleased with him): The Prophet (peace and blessings of Allah be upon him) said: “Whoever swears by anyone other than Allah, he is a disbeliever or a polytheist.”
Ibn Mas’ud (may Allah be pleased with him) said, “I will swear falsely in the name of Allah rather than in the name of Allah, it is more dear to me.” (Tirmidhi, Hadith No. 1535)
Narrated Ibn ‘Umar: The Messenger of Allah, may Allah bless him and grant him peace, said: Do not swear by your fathers. He who swears in the name of Allah should speak the truth, and he for whom the oath has been sworn in the name of Allah should be satisfied, and he who does not swear in the name of Allah has nothing to do with Allah. (Ibn Majah, Hadith No. 2101
If one swears by the Qur’an or any of its verses that have been revealed to Muhammad (peace and blessings of Allaah be upon him), then that oath is valid. Because, the Qur’an is the word of Allah, which is included in His Sifat. And one can swear by all the attributes of Allah, so swearing by the Qur’an is also valid. If one intends by the Qur’an the alphabet of paper, ink, and Arabic, then it is not permissible, but includes shirk; Because paper-ink and Arabic alphabet are creatures. Therefore, it is better not to swear by the Qur’an, because it contains the word of Allah, the same paper-ink, and the Arabic alphabet.
In the case of oaths and vows, the intention of the person taking the oath is generally acceptable, because the Prophet (peace and blessings of Allaah be upon him) said, Narrated ‘Umar bin Al-Khattab: I heard Allah’s Apostle saying, The reward of deeds depends upon the intentions and every person will get the reward according to what he has intended. So whoever emigrated for worldly benefits or for a woman to marry, his emigration was for what he emigrated for. (Sahih Bukhari, Hadith no. 1) However, if the right of the other person is involved with the oath, then the intention of the other person i.e. the person taking the oath and the judge will be acceptable.
Narrated Abu Hurairah: The Messenger of Allah, may Allah bless him and grant him peace, said: “Your oath will be organized against the one your partner is telling you the truth about.” In another narration, “the oath is organized on the intention of the person taking the oath.” (Sahih Muslim, Hadith No. 1658) Therefore, if the person taking the oath intends something different, his intention is not acceptable. Yes, if the one who swears is wronged, then his intention will be acceptable. And if there is no intention at the time of swearing, then the object inspiring the oath and its cause will be considered as intention.
Swearing an oath on or inside the Qur’an includes bid’at; However, some have given permission to him to explain the severity of the oath and to intimidate the one who swears falsely.
Shaykh ‘Uthaymeen (may Allaah be pleased with him) was asked about the oath of the Qur’an, to which he replied: No. The practice of swearing by the Qur’an did not exist in the time of the Prophet (peace be upon him) or in the time of his Companions, even after the Qur’an was written. Therefore, it is better to swear in the name of Allah without presenting the Qur’an in the moment of need. (Fatwa Nurun Alad-Darb
Ibn Kudamah Makdisi said. Rejecting the custom of swearing by laying hands on the Qur’an, Shafi’i said: I have seen them strengthen their oath by laying their hands on the Mushaf. I have seen Ibn Majin, the Qadi-judge of Sana, strengthen his oath by the Qur’an. The companions of Shafi’i said: It is necessary to strengthen the oath by presenting the Qur’an. Because it contains the word of God and His names. Ibn Kudamah said. He said that it was a transgression and an exaggeration of what the Prophet (peace and blessings of Allaah be upon him) had instructed about the oath and what Rashedah and his judges had done in its wake, without a strong basis and no evidence behind it.
Therefore, the deeds of the Prophet (peace and blessings of Allaah be upon him) and his companions can never be abandoned because of the deeds of Ibn Majin or anyone else. ” Kurtubi Rah. Ibn al-‘Arabi said, “It is a bid’ah to swear by the Qur’an al-Karim, and no Companion has done so.”
Secondly, why not swear by the Qur’an, swearing by the name of Allah or His Sifat, which is valid and so that there is no danger of sin !? So if you need to swear, swear in the name of Allah. The Prophet (peace and blessings of Allaah be upon him) said: “Whoever has to swear, let him swear in the name of Allaah or remain silent.” (Sahih Bukhari, Hadith No. 2679)
Note that it is not permissible for a Muslim to swear by the Torah, the Injil, and the Psalms. Because these books do not exist intact and unaltered in the way that Allah has revealed to the prophets concerned. Secondly, the Shari’ah of Muhammad (peace and blessings of Allaah be upon him) has abrogated all previous Shari’ah. If it happens in a non-Islamic country and the judge forces a Muslim to lay his hands on the Torah or the Injil or both, he will say swear by the Qur’an, I will lay my hands on him, if the judge does not listen to him he is incapable, helpless and oppressed. It will be considered that he has no problem in laying his hands on the Torah or the Injil or both, but he will not intend to show respect to these books during the oath.
Atonement for breaking an oath:
If he wants to return from the oath or break the oath after swearing in the name of the Quran or Allah or any of his attributes, then it is necessary to pay the expiation of the oath. The expiation of the oath is to give food to ten poor people or to give them clothes to wear or to free a believing slave, if none of them can afford it, then fast for three days. Allaah says (interpretation of the meaning):
“Allah does not hold you accountable for your vain oaths, but He seizes you for your solemn oaths. So the expiation for this is to give food to ten poor people – moderate food that you feed your family or give them clothes, or free a slave. Then he who cannot afford it should fast for three days. This is the expiation of your oaths, if you swear, and keep your oaths. Thus does Allah make clear to you His communications that you may give thanks. [Surah Al-Ma’idah, verse: 69] There is no order between giving food, clothing, and freeing a slave.
Narrated in Sahih Bukhari and Muslim, the Prophet (peace and blessings of Allaah be upon him) said: “By Allaah, if I swear an oath and I see good in return for it – In Shaa Allaah, I will atone for my oath and do good deeds and then atone for my oaths”.(Sahih Bukhari, Hadith No. 6623)
Imam Muslim and other muhaddithin narrate that the Prophet (peace and blessings of Allaah be upon him) said: “Whoever swears and then sees a better reward than that, let him atone for his oath and do the deed.” (Sahih Muslim, Hadith No. 1651) In another narration, it is said, “Let him atone for his oath and do what is good.” (Sahih Muslim, Hadith No. 1651; Muwatta Imam Malik, Hadith No. 1034 If the oath is not fulfilled, this is the way out of the oath.