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The question

What is the ruling on one who swears using the word "by the oath/by the right"?

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Source: FtawySummarized from the full answer at Ftawy · imported Sep 2, 20261 min readAlso available in العربية
The answer

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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Where this answer came from
Source platform
Ftawy
Original fatwa ID
35567
Imported
Translation status
Source text, unreviewed
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