Oaths by the shrine and by the Shaykh
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Fatwa number ( 8999 ):
Q: In Sudan , many people swear oaths by the Shaykhs and by the shrines. This may even happen in the Shari'ah courts, where if the judge asks the oppressor to swear on the mushaf, he swears falsely without hesitation. But if the judge says to him: "Swear by the shrine," he refuses to swear and admits to his oppression, thinking that if he swears by the shrine, he will be harmed; because in his view, the shrine can cause harm and benefit. What is the ruling on this, and is it permissible for the judge to ask for an oath by the shrine or by the Shaykh?
One of the scholars issued a fatwa for us stating that it is permissible to swear by the shrine and leave out the mushaf, saying: It is permissible to recover the right of the oppressed if dire necessity calls for it. How valid is this fatwa? I hope you will clarify this with evidence if you please. May Allah reward you with good for the Muslims.
A: It is forbidden to swear by the shrine or by the Shaykh, and it is not permissible for the judge to ask for an oath by them; because of what is established from the saying of the Prophet (peace and blessings be upon him):Riyad as-Salihin 1711 , and the prescribed oath is only by the Name of Allah or one of His names or one of His attributes. And success is from Allah. And may Allah send prayers and blessings upon our Prophet Muhammad, his family, and his Companions.
Q: In Sudan , many people swear oaths by the Shaykhs and by the shrines. This may even happen in the Shari'ah courts, where if the judge asks the oppressor to swear on the mushaf, he swears falsely without hesitation. But if the judge says to him: "Swear by the shrine," he refuses to swear and admits to his oppression, thinking that if he swears by the shrine, he will be harmed; because in his view, the shrine can cause harm and benefit. What is the ruling on this, and is it permissible for the judge to ask for an oath by the shrine or by the Shaykh?
One of the scholars issued a fatwa for us stating that it is permissible to swear by the shrine and leave out the mushaf, saying: It is permissible to recover the right of the oppressed if dire necessity calls for it. How valid is this fatwa? I hope you will clarify this with evidence if you please. May Allah reward you with good for the Muslims.
A: It is forbidden to swear by the shrine or by the Shaykh, and it is not permissible for the judge to ask for an oath by them; because of what is established from the saying of the Prophet (peace and blessings be upon him):
He who swears by anyone or anything other than Allah, has indeed committed an act of Kufr or Shirk
من حلف بغير الله فقد كفر أو أشرك
Source
www.alifta.gov.sa
The Arabic text is copied verbatim from the original source, without any edits.