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Oath other than the name of Allah

Answered as per Hanafi Fiqh by DarulIftaBirmingham
Could you please inform me in the light of Quran and Hadith that the following Oath wording that is it ok to take OATH with these words|?????  is any form to tell me this?
   Preparing for the ceremony: When you attend your ceremony you are required to make an oath of allegiance (or you can make an affirmation if you prefer not to swear by God) and a pledge. The words of the oath, affirmation and pledge are all given below. You may wish to practise saying the oath or affirmation, and the pledge, before you attend the ceremony. Oath of allegiance: I (name) swear by Almighty God that on becoming a British citizen, I will be faithful and bear true allegiance to Her Majesty Queen Elizabeth the Second, her Heirs and Successors, according to law. Affirmation of allegiance: I (name) do solemnly, sincerely and truly declare and affirm that on becoming a British citizen, I will be faithful and bear true allegiance to Her Majesty Queen Elizabeth the Second, her Heirs and Successors, according to law. Pledge: I will give my loyalty to the United Kingdom and respect its rights and freedoms. I will uphold its democratic values. I will observe its laws faithfully and fulfil my duties and obligations as a British citizen

In the name of Allah, Most Compassionate, Most Merciful.

To take an oath other than Allah is unlawful (haram). If one took an oath by other than Allah, he will be committing a sin, and also the oath will not be considered to be valid, thus it will not be necessary to fulfil it.

Abdullah ibn Umar (radi allahu anhu) narrates that the Prophet (sallal lahu alayhi wa sallam) said, “Whoever has to take an oath should swear by Allah or remain silent.” (i.e. he should not swear by other than Allah.)” (Sahih al-Bukhari: 844)

S’ad ibn Ubaidah (radi allahu anhu) reports that once Abdullah ibn Umar (radi allahu anhu) heard a man take an oath by the Ka’ba, thus he said: “An oath should not be taken by other than Allah, for I have heard the Messenger of Allah (sallal lahu alayhi wa sallam) say: “Whosever takes an oath by other than Allah has indeed committed Shirk.” (Sunan Tirmidhi, no. 1535 & Musnad Ahmad, 2/67)

In light of the above narrations, it is sinful to take an oath by other than that of Allah. If one did, it will not be considered to be valid.

Allama Ibn Abidin states:

“An oath taken by other than Allah will not be valid…..rather, it will be unlawful, as mentioned in al-Quhustani, in fact there is a fear of disbelief (kufr).” (Radd al-Muhtar: Vol 3, P56)

Imam al-Haskafi (Allah have mercy on him) states: “One must not take an oath by other than Allah Most High, such as: by the Prophet, by the Qur’an and by the Ka’ba.” (See: Radd al-Muhtar ala al-Durr: Vol 3, P56)

In conclusion it is not permissible for an individual to take the Oath of allegiance; however he may take Affirmation of allegiance. In the affirmation the individual is confirming that he will adhere to values and rights of the UK. However it should be remembered at all times that there is no obedience to the creation in the disobedience of the creator. Imran ibn Husayn narrates that Imran heard Allah’s Messenger (sallal lahu alayhi wa sallam) say, “Vows are of two kinds, so if anyone vows to do an act of obedience, that is for Allah and must be fulfilled; but if anyone vows to do an act of disobedience, that is for the Devil and must not be fulfilled, but he must make atonement for it to the extent he would do in the case of an oath.” (Tirmidhi: 989)

And Allah knows best.

Sayeedur Rahman

Darul Ifta Birmingham

This answer was collected from DarulIftaBirmingham.co.uk, which is run under the supervision of Mufti Mohammed Tosir Miah from the United Kingdom.