The Rules of Exception in Oath in Islamic Sharia ‎ ‎(A Comparative Fiqih Study)‎

The Rules of Exception in Oath in Islamic Sharia ‎ ‎(A Comparative Fiqih Study)‎

Ismail Shindi

ishindi@qou.edu

Received : 22-03-2005 , Accepted : 20-09-2005

Language: Arabic

Abstract

This research investigates the rules of exception in oath in Islamic sharia-a comparative fiqih study. This research was limited to five subjects. The first subject was devoted to the definition of oath and the explanation of its religious justification. The other four subjects were to cover the other different aspects of the research related to the definition of the exception in oath, explanation of its religious justification, its restrictions, when exception is permissible and the effect of exception in oath. The result is that exception in oath is legitimate, but there are a number of restrictions that should be available to make exception in oath effective. The Fuquhaّ agree that exception affects oath by the name of the God, but there is much disagreement among themselves about its effect on vows, divorce, dhihar and freeing of the slave. They also agree that one who makes the exception doesn’t break his oath whether he does what he swears on or leaves it.

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