Back to search
The question

What is the ruling on a judge administering an oath to an atheist who does not believe in the existence of the Creator, and what is the legitimate wording of an oath for him, if one exists, and how should he be dealt with if there is no evidence for the plaintiff and the oath is not legitimate?

Share this answer

Source: FtawySummary from Ftawy's records · added here Sep 2, 20261 min readAlso available in العربية
The answer

An oath can only be taken by Allah the Almighty, whether before a judge or otherwise. This applies to Muslims, disbelievers, and atheists alike, based on the Almighty’s saying: {Then they both swear by Allah}, and the Prophet's (peace be upon him) saying: “Whoever takes an oath, let him swear by Allah or remain silent.” Judge Shihabuddin Ibn Abi al-Dam al-Shafi'i explained the benefit of making an atheist, who does not believe in the existence of Allah the Almighty, swear an oath in two matters: First, to enforce the judgment upon them according to what Allah has revealed, and second, to increase their sin and hasten their retribution.

Summary from Ftawy's records · added here

Reviewed by El Fatwa's sharia committee.

Read the full answer on Ftawy
Where this answer came from
Source platform
Ftawy
Original fatwa ID
176258
Added here
. This is when the answer was added to El Fatwa, not the fatwa's date.
Text
Summary from Ftawy's records, reviewed by El Fatwa's sharia committee.
Read the full ruling
Read the full answer on Ftawy