Can a person swear by putting his hand on the Qur'an? Is this oath valid?
In the Islamic sense an oath is taken by the name of Allah. It is carried out by saying words like "Wallahi, Billahi" (By Allah). However, the oaths on holy things like the Qur'an, the Kaaba are regarded as oaths and oaths on them are valid.
Oaths and swearing are generally formed in accordance with the customs and traditions; and oaths are taken accordingly. Especially in our country, there are various kinds of oaths that change from region to region. Oath on the Qur'an is a kind of oath that has become a custom. For instance people say "I swear on the Qur'an that…, By the Qur'an I will definitely do or will definitely not do this… etc. As a matter of fact this kind of oath is regarded as greater and imposing more responsibility than other kinds of oaths. Two people or parties that cannot settle a problem or agree on something invite each other to put hands on the Qur'an. In fact a person will not dare to swear on the Qur'an unless it is a very serious problem and unless he is completely sure.
As for the Islamic jurisprudence; it is permissible to swear on the Qur'an and it is valid; because swearing on the Qur'an is like swearing by the excellence and glory of Allah.
Ibn Kudama wrote the following in Al-Mugni
"It is valid to swear by the Qur'an, by a verse from the Qur'an and by the word Allah. Ibn Mas'ud, Katada, Imam Malik and Shafi'i and all other ulama agreed on it." (Al-Mugni, 9:407 (Question 7981)
As I have tried to state above, people understand it as putting one's hand on the Qur'an and taking an oath when the phrase swearing on the Qur'an is used. This is a kind of swearing on the Kalam (Speaking) sifat (attribute) of Allah, and it is a valid swearing. .
Imam Badruddin Ayni, who explained Sahih Bukhari in his 32-volume work, wrote the following:
"In my opinion, if a person swears by the Qur'an or puts his hand on the Qur'an or says "By the right of this", it is regarded an oath. Especially in an age when making false statements and perjury have increased and swearing on the Qur'an has become popular…"
By the way, let me state that Imam Ayni died in 1440.
Allama Kemal, one of the ulama (knowers, scientists in religion) of the current age says the following regarding it:
"No doubt, it has become a custom to swear by the Qur'an now. Therefore it is regarded a valid oath; because oaths are evaluated in terms of customs and traditions."
All of these explanations show clearly that swearing on the Qur'an is a binding oath and to break it requires kaffarah (expiation or compensation).
Reference: Mehmed Paksu Çağın Getirdiği Sorular
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