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﴿ فَاسْأَلُوا أَهْلَ الذِّكْرِ إِن كُنتُمْ لَا تَعْلَمُونَ ﴾

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Many people swear by other than Allah, such as the prophets, the awliya (close friends of Allah), and the righteous, so what is the ruling on this?

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Question:
In his last question, he says to me: A sister is very dear to me, and she is, praise be to Allah, in a good state, but when I forbade her from swearing by other than Allah, or swearing by the awliya, or saying "By the Prophet," she insists on it. She tells me: "Rely on Allah; the most important thing is intention, and these are righteous people."

Answer:
It is not permissible to swear by other than Allah, neither by the Prophet nor by anyone else, based on the saying of the Messenger (peace and blessings be upon him)
Whoever is swearing, let him swear by Allah or remain silent.من كان حالفا في فليحلف بالله أو ليصمت.
The Messenger (peace and blessings be upon him) said:
He who swears by anyone or anything other than Allah, has indeed committed an act of Kufr or Shirkمن حلف بغير الله فقد كفر أو أشرك،
Riyad as-Salihin 1711
Therefore, it is not permissible to swear by other than Allah. And whoever is forbidden from doing so, it is explained to him, and he does not accept it, then he is a disobedient person to Allah and His Messenger, deliberately committing a transgression, may Allah protect us from that.
So it is obligatory for the Muslim, when the truth is explained to him, to accept it, and not to remain with customs and blind following. Rather, it is obligatory for him to accept the truth and to leave what he is upon of transgression. His saying, the Exalted:
And whatever the Messenger has given you - take; and what he has forbidden you - refrain from. And fear Allah; indeed, Allah is severe in penalty.وَمَا آتَاكُمُ الرَّسُولُ فَخُذُوهُ وَمَا نَهَاكُمْ عَنْهُ فَانتَهُوا وَاتَّقُوا اللَّهَ إِنَّ اللَّهَ شَدِيدُ الْعِقَابِ
[Al-Hashr 59:7]
. Yes.
Source قناة «العلامة الدكتور صالح الفوزان»، 5078- كثير من الناس يحلفون بغير الله كالأنبياء والأولياء والصالحين، فما الحكم في هذا؟ - صالح الفوزان — youtube.com

The Arabic text is a machine transcription of the audio recording.

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