He says: If there is a Muslim before the court, and he has been brought to the court on a day to swear by the name of Allah, and this person was found guilty in a case, and he knows...
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The questioner : This message is from Taj al-Din Abu Bakr from Sudan. He says: If there is a Muslim before the court, and he has been brought to the court on a day to swear by the name of Allah, and this person was found guilty in a case, and he knew beforehand that he was guilty, but he wanted to swear only to free himself from prison and accountability, and not from his heart in denial of the charge brought against him, then do you, Your Excellency, see that this person will be held accountable for the charge brought against him, or not, or for the false oath before his Lord?
The Shaykh : If the charge brought against him is one from which he is innocent, it is permissible for him to swear to his safety from it and his innocence of it. But if he is not innocent of it, yet he fears its punishment, it is not permissible for him to swear by Allah (Glorified and Exalted is He) while he is lying.
The questioner : Yes.
The Shaykh : Because this oath combines lying, and lying is forbidden, and it also combines taking lightly the oath by Allah (Glorified and Exalted is He), and taking lightly the oath by Allah is a grave matter.
The questioner : Yes.
The Shaykh : For this reason, Allah the Exalted made it obligatory upon the one who breaks his oath and contradicts what he swore to, that he pay the expiation, which, as is well known, is freeing a slave, or feeding ten poor people, or clothing them. If he finds no means to do so, then fasting for three days. Yes.
The questioner : Yes.
The Shaykh : If the charge brought against him is one from which he is innocent, it is permissible for him to swear to his safety from it and his innocence of it. But if he is not innocent of it, yet he fears its punishment, it is not permissible for him to swear by Allah (Glorified and Exalted is He) while he is lying.
The questioner : Yes.
The Shaykh : Because this oath combines lying, and lying is forbidden, and it also combines taking lightly the oath by Allah (Glorified and Exalted is He), and taking lightly the oath by Allah is a grave matter.
The questioner : Yes.
The Shaykh : For this reason, Allah the Exalted made it obligatory upon the one who breaks his oath and contradicts what he swore to, that he pay the expiation, which, as is well known, is freeing a slave, or feeding ten poor people, or clothing them. If he finds no means to do so, then fasting for three days. Yes.
The questioner : Yes.