📜 The Administration of an Oath in Islamic Justice
Definition
An oath in Islamic jurisprudence (Shariah) signifies a solemn promise or affirmation, often invoking God’s name, to tell the truth within the context of a legal proceeding.
Etymology
The term “oath” in Arabic is ‘Qasam’ (قسم) deriving root words meaning division or allocation. It literally means “a division” signifying a declarative alignment with divine cognizance and realigning one’s word with truthfulness.
Background
Within Islamic law, taking an oath signifies one’s utmost connection and fear of Divine retribution in speaking the truth. Prophet Muhammad emphasized the importance of taking oaths only in God’s name, equating other forms of swearing to polytheism or shirk (participating in idolatry).
Cultural Differences and Similarities
Islamic jurisprudence is uniquely comprehensive when it comes to oaths. Unlike many Western legal traditions where placing a hand on religious texts like the Bible suffices, Islam tailors the oath-taking process to recognize and respect the declared faith of the individual - ensuring a deeper spiritual accountability. Interestingly, cultural precedence sees close parallels in other monotheistic religions, from Jews swearing by the Torah and Christians by the Gospel, invoking a sense of cross-religious reverence.
Synonyms
- Qasam (قسم) - General word for “oath.”
- Swear - Contemporary equivalent.
- Affirmation – Alternative non-religious equivalent.
Antonyms
- Perjury – The act of lying under oath.
- Falsehood – General term for untruthfulness.
- Denial – Legal unacknowledgment of the truth.
Related Terms with Definitions
- Qadi (قاضي): A shariah judge in a Muslim community.
- Quran (القرآن): The holy book of Islam, containing verses that underpin the tenets of faith including the administration of oaths.
- Shariah (شريعة): Islamic law derived from the Quran and the Hadiths.
Exciting Facts
- Oaths Administered to Non-Muslims: In an inclusive gesture, historical Islamic courts tailored oaths to fit the belief system of Jews, Christians, and Zoroastrians.
- Attributes of God Used: Reciting specific attributes of God (e.g., “the Righteous,” “the Knower of Secrets”) is believed to invoke greater spiritual witness.
Quotations from Notable Writers
Prophet Muhammad, emphasizing the gravity of oaths, said: “Whosoever takes an oath otherwise than in the name of God, is most certainly a polytheist.” (Sahih al Bukhari)
Suggested Literature
- “Islamic Jurisprudence” by Bernard G. Weiss
- “The Spirit of Islamic Law” by Bernard Weiss
- “An Introduction to Islamic Law” by Wael B. Hallaq
- “God’s Law: Islam, Christianity, and Judaism in Comparative Perspective” by Sadakat Kadri
For further contextual understanding:
- Al-Muwatta Malik - Imam Malik’s compendium of Islamic practices.
- Al-Murshid al-Mu’in - A primer on Islamic juridical principles, covering oaths comprehensively.
Quizzes
Finally, stay enlightened and keep questioning the depths of faith and reason. Understanding how varied beliefs recognize a higher power’s role in truthfulness can inspire a greater interconnectedness. — Rabia Al-Sindi
