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﴿ فَاسْأَلُوا أَهْلَ الذِّكْرِ إِن كُنتُمْ لَا تَعْلَمُونَ ﴾

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What is the ruling on a judge requiring a Muslim to swear an oath by placing his hand on the mushaf, or a Christian to place his hand on the Bible?

Machine translationRead the Arabic original
The questioner : What is the ruling on placing one's hand on the mushaf to swear an oath? Of course, this is a custom that has become established in our courts. A Muslim enters and places his hand on the mushaf and swears by Allah, and a Christian enters and places his hand on the Bible and swears by Allah to tell the truth.

The Shaykh : It is like "adding a bundle of straw to a camel's load." There is no doubt that placing one's hand on the mushaf, and even kissing the mushaf, which is done on occasions other than swearing an oath before a judge, all of this has no basis in the Sunnah. Rather, people were led to such actions, and especially the matter mentioned in the question of placing one's hand on the mushaf, is because the people, meaning the judges, no longer trust the mere oath of a Muslim by Allah (Mighty and Majestic), which is the prescribed oath with no addition to it. Therefore, they resort to material matters that exaggerate the burden on the one swearing the oath, so that he is seized by trembling and awe when he is ordered to place his hand on the noble mushaf. We say, as we say on such an occasion, "Every good is in following the Salaf, and every evil is in the innovation of the Khalaf." And every act of worship that the Companions of the Messenger of Allah (peace and blessings be upon him) did not perform as worship, we do not perform it as worship, in obedience to what was narrated from Hudhayfah ibn al-Yaman. And this narration is derived from many well-known hadiths that are known to you. So Hudhayfah says: "Every act of worship that the Companions of the Messenger of Allah (peace and blessings be upon him) did not perform as worship, do not perform it as worship"; meaning, do not perform it as worship and do not draw near to Allah (the Exalted) with it, so as not to prolong the speech. We have other questions, and before the time of prayer catches up with us, we will suffice with this warning, which is that placing one's hand on the mushaf, let alone placing it on the Bible, and this is another point of concern, all of this has no mention or share in Islam. As for placing one's hand on the Bible, or what they call the Holy Book, this is in reality more dangerous than the first, because it contains an acknowledgment by the judge who requires the one swearing on his religion that this is a holy book. Therefore, he accepts his oath if he swears by this holy book. This is a more severe denial than the previous action.
Yes.
Source www.al-albany.com

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

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