What is the ruling on one who swears using the word "by the oath/by the right"?
If a person says: "By the Right Hand, I shall do such-and-such," or "An oath, I shall do such-and-such," or "By Allah's Oath, I shall do such-and-such," and similar phrases, then if he intended to swear by an attribute of Allah (Allah's Hand), his oath is binding because he swore by one of Allah's attributes, and swearing by them is permissible. If he uttered these phrases without a specific intention, the Shafi'is hold that it does not constitute a binding oath unless accompanied by intention, as these phrases are not explicit in their meaning of an oath. However, the majority of scholars, which is the preponderant view, hold that it is binding without the need for intention, because these phrases have become widely used in swearing by an attribute of Allah, linguistically, legally (in Islamic law), and customarily, so they refer to it when uttered without qualification.
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