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Oath with hand on Qur’ân

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    Oath with hand on Qur’ân

    Question: In US courts, one must place his hand on the Bible under oath. Is there ever a case in Islamic courts where one would place his hand on the Qurn?

    Answered by Sheikh Khlid al-Sayf

    In Islam, swearing something under oath means to make ones statement more emphatic by a specific mention of Allahs name in a particular manner.

    For instance, a person might say: By Allah! I did not do that. or: I swear in Allahs name that I did what I said I did. Other wordings are possible.

    The swearing of an oath is rooted in the heart of the person who swears it and is a matter of the speakers intention. The binding nature of the oath comes from the greatness of the one invoked upon it Allah Almighty. Indeed, in Islam, invoking an oath by other than Allah is categorically prohibited.

    In Islamic courts, there is no such practice as placing the hand on the Qurn when swearing an oath. This is because no such practice has been related from the Prophet (peace be upon him), and Islamic religious rites are founded upon following what is prescribed and not upon innovating our own practices.

    Also, some one who has the nerve to invoke Allahs name in earnest upon a lie will not be dissuaded from lying by placing his hand on the Qurn.

    In the Islamic judicial system, when it is required for a person to swear an oath, then the judge is merely to demand the person to swear his oath with a proper wording.