He says in this letter: I heard from some people that swearing an oath is less than ruqyah (healing by Qur'anic recitation), and I believe he means taqiyyah (dissimulation), meaning that if I fear death, it is permissible for me to swear an oath even if I am doing so, and the oath is by Allah, the Most High, the Magnificent.
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The questioner : He says in this letter: I heard from some people saying that swearing an oath is less than ruqyah (healing by Qur'anic recitation), and I believe he means taqiyyah (dissimulation), meaning that if I fear death, it is permissible for me to swear an oath even if I am doing so, and the oath is by Allah, the Most High, the Magnificent?
The Shaykh : Praise be to Allah, Lord of the worlds, and may peace and blessings be upon our Prophet Muhammad. As for what follows, if a person is coerced into swearing an oath regarding something, and the one coercing him is capable of carrying out his threat, then it is permissible for him to swear that oath. However, better than this is to interpret his oath by intending with his words what contradicts their apparent meaning. If he is told, "Say, 'By Allah, I did not do this,'" let him say, "By Allah, I did not do this," while intending by "what" the meaning of "By Allah, the one who did this is this." If he intends this, then he is truthful, because "what" (ma) is a relative pronoun that serves as the subject, and this is its predicate. That is, he is saying: "By Allah, the one who did this is this."
The questioner : Yes.
The Shaykh : The one who is coercing him, whom he is addressing, understands from his statement "By Allah, I did not do this" a negation, because he understands that "what" (ma) is a negative particle and that "this" is the object of "did." And there is a way to avoid lying through indirect expression.
The questioner : Yes, but this is only if he fears for himself alone. But if there is a violation of the rights of others, or for example, a crime he committed for which he will be punished, is it permissible for him to swear?
The Shaykh : Yes, if the oath is one that will expose him.
The questioner : Yes.
The Shaykh : If it involves violating an obligation owed to another or committing a forbidden act, then it is not permissible, because violating an obligation owed to another is not permissible without an oath, so how much less with an oath.
The questioner : Yes.
The Shaykh : Yes.
The Shaykh : Praise be to Allah, Lord of the worlds, and may peace and blessings be upon our Prophet Muhammad. As for what follows, if a person is coerced into swearing an oath regarding something, and the one coercing him is capable of carrying out his threat, then it is permissible for him to swear that oath. However, better than this is to interpret his oath by intending with his words what contradicts their apparent meaning. If he is told, "Say, 'By Allah, I did not do this,'" let him say, "By Allah, I did not do this," while intending by "what" the meaning of "By Allah, the one who did this is this." If he intends this, then he is truthful, because "what" (ma) is a relative pronoun that serves as the subject, and this is its predicate. That is, he is saying: "By Allah, the one who did this is this."
The questioner : Yes.
The Shaykh : The one who is coercing him, whom he is addressing, understands from his statement "By Allah, I did not do this" a negation, because he understands that "what" (ma) is a negative particle and that "this" is the object of "did." And there is a way to avoid lying through indirect expression.
The questioner : Yes, but this is only if he fears for himself alone. But if there is a violation of the rights of others, or for example, a crime he committed for which he will be punished, is it permissible for him to swear?
The Shaykh : Yes, if the oath is one that will expose him.
The questioner : Yes.
The Shaykh : If it involves violating an obligation owed to another or committing a forbidden act, then it is not permissible, because violating an obligation owed to another is not permissible without an oath, so how much less with an oath.
The questioner : Yes.
The Shaykh : Yes.