Is an oath still valid if a Muslim intended to take an oath but did not mention the name of Allah the Almighty or one of His attributes?
Scholars have differed on the ruling concerning uttering phrases like "I swear" (أقسم), "I vow" (أحلف), "I bear witness" (أشهد), or "I resolve" (أعزم), and whether they constitute an oath or not. The majority view is that they are absolutely an oath. However, the Shafi'is hold that they are not an oath, even if the speaker intended them as such, because they do not include the name of Allah or one of His attributes. As for the Malikis, they are of the opinion that it becomes an oath if one intends "by Allah" after it; otherwise, it is not considered an oath. The more cautious approach is to consider it an oath in all circumstances.
Summary from Ftawy's records · added here
Reviewed by El Fatwa's sharia committee.
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- Summary from Ftawy's records, reviewed by El Fatwa's sharia committee.
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