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﴿ فَاسْأَلُوا أَهْلَ الذِّكْرِ إِن كُنتُمْ لَا تَعْلَمُونَ ﴾

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Is swearing an oath by divorce an act of shirk (associating partners with Allah)? And if it is not shirk, what is the evidence for that?

Machine translationRead the Arabic original
The questioner : Well; I also mention the words of the brother who asked you from "Al-Uqba" regarding the imam who has some matters, among which is that he swears by other than Allah, or swears oaths of shirk (associating partners with Allah), which includes divorce. You did not mention this to him; you gave him a general answer that he is not an innovator as long as he does not fall into disbelief, and that one prays behind him, and so on. But do you agree that the phrase "divorce" is shirk, as mentioned in the question?

The Shaykh : No, I do not agree. Divorce is not a substance to be an object of shirk; it is a meaning; a legal ruling.

The questioner : I mean, does it not fall under the hadith of the Prophet (peace and blessings be upon him):
He who swears by anyone but Allah مَن حلف بغير الله
Sunan Abi Dawud 3251Sahih (Al-Albani)
?

The Shaykh: No.

The questioner : Because, as you have graciously stated, it is not...

The Shaykh : It is not a deity.

The questioner : Well; here is also a branch of the question; well; why was it converted into an oath?

The Shaykh : Because
Actions are only by intentions إنما الأعمال بالنيات
is what is intended by the oath.

The questioner: Yes.
Source www.al-albany.com

The Arabic text is copied verbatim from the original source, without any edits.

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