What is the ruling on swearing an oath in a language other than Arabic and in a formula not found in the Book and the Sunnah? Is it binding before Allah?
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The questioner : Now I have a question. Is it valid to swear an oath in a language other than Arabic? For example, if one attends a court in a non-Arabic country, such as Germany, and there they make one swear an oath in the German language and in a formula not found in the Book or the Sunnah, is this oath binding for me before Allah?
The Shaykh : The matter differs if the oath in the non-Arabic language is an oath by other than Allah (Mighty and Majestic). First, it is not permissible for a Muslim to swear by it, let alone be judged by it. However, if the oath is by Allah (Mighty and Majestic) or by one of the attributes of Allah (Mighty and Majestic) in the non-Arabic language, it is permissible. It is not permissible for a Muslim to swear such an oath unless he is truthful in his oath. For example, in the Albanian language, you are learning an Albanian word from me now, just as I will learn a German word from you. In the Albanian language, if one wants to swear by Allah (Mighty and Majestic), what does he say? "Xha Zotit." This is an oath according to the Shari'ah, because "Xha" is equivalent to the preposition of oath, and "Zotit" means Allah (Blessed and Exalted is He). So if he swears this oath in the court in the Albanian language, it is permissible according to the Shari'ah, and the one who swears must adhere to all the rulings of the oath in the Arabic language. Now, I return to ask: "Rabbi," which is "Zotit" in the Albanian language, what is its name in your German language?
The questioner : In German, they say "Gott."
The Shaykh : "Gott," good. So if he wants to say "by Allah," what does he say?
The questioner : "Bei Gott," "Bei Gott."
The Shaykh : "Bei Gott," good.
The questioner : But as you know, in courts, they usually make a person swear with the phrase... I swear by the right of what helps me to Allah, or Allah in my help.
The Shaykh : How?
The questioner : I mean, I swear by the help of Allah, or by what is in the help of Allah, that I will tell the truth.
The Shaykh : This is a lawful oath, because it is an oath by one of the attributes of Allah or by one of the actions of Allah, and all of that is an oath by Allah (Blessed and Exalted is He), so it is permissible. Is that clear?
The questioner : Yes.
The Shaykh: All right.
The Shaykh : The matter differs if the oath in the non-Arabic language is an oath by other than Allah (Mighty and Majestic). First, it is not permissible for a Muslim to swear by it, let alone be judged by it. However, if the oath is by Allah (Mighty and Majestic) or by one of the attributes of Allah (Mighty and Majestic) in the non-Arabic language, it is permissible. It is not permissible for a Muslim to swear such an oath unless he is truthful in his oath. For example, in the Albanian language, you are learning an Albanian word from me now, just as I will learn a German word from you. In the Albanian language, if one wants to swear by Allah (Mighty and Majestic), what does he say? "Xha Zotit." This is an oath according to the Shari'ah, because "Xha" is equivalent to the preposition of oath, and "Zotit" means Allah (Blessed and Exalted is He). So if he swears this oath in the court in the Albanian language, it is permissible according to the Shari'ah, and the one who swears must adhere to all the rulings of the oath in the Arabic language. Now, I return to ask: "Rabbi," which is "Zotit" in the Albanian language, what is its name in your German language?
The questioner : In German, they say "Gott."
The Shaykh : "Gott," good. So if he wants to say "by Allah," what does he say?
The questioner : "Bei Gott," "Bei Gott."
The Shaykh : "Bei Gott," good.
The questioner : But as you know, in courts, they usually make a person swear with the phrase... I swear by the right of what helps me to Allah, or Allah in my help.
The Shaykh : How?
The questioner : I mean, I swear by the help of Allah, or by what is in the help of Allah, that I will tell the truth.
The Shaykh : This is a lawful oath, because it is an oath by one of the attributes of Allah or by one of the actions of Allah, and all of that is an oath by Allah (Blessed and Exalted is He), so it is permissible. Is that clear?
The questioner : Yes.
The Shaykh: All right.
Source
www.al-albany.com
The Arabic text is copied verbatim from the original source, without any edits.