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Resolutions of the Islamic Fiqh Council during Its Fifth Session Held between 8-16 Rabi Al-Aakhir 1402H (2-10 February 1982)
All Praise be to Almighty Allah.
Blessing and peace be on His Prophet Muhammad
after whom there is no prophet, and on all those
who followed his way of guidance.
The Islamic Fiqh Council during its 5th session held between 8-16 Rabi Al-Aakhir 1402H (2-10 February 1982) looked into the question submitted to it about putting hand on Torah, Bible or both of them while taking oath before jury in non-Muslim countries where the judicial system stipulates it on the swearing person.
The Islamic Fiqh Council studied the views of the various Fiqh schools of thought on requirements of swearing in general and judicial oath-taking before the jury in particular.
The Council reached the following resolution:
1. The swearing must not be by anything other than Almighty Allah, as Prophet Muhammad (peace be upon him) said: “Whoever swears, he should swear by Allah or keep quiet.
2. Putting hand on Qur’an, Torah, Bible or other is not necessary for the validity of swearing however, for avoiding lie, the government can enforce it to emphasize the oath.
3. For a Muslim, it is not lawful to put his hand on Torah or Bible while swearing, because their present editions are distorted. They are not the original books, which were sent down to Prophet Moses and Prophet Jesus (peace be upon them) and also because Islamic Shari’ah, which was sent to Prophet Muhammad (peace be upon him) superseded all the other religious laws.
4. If the trial takes place in a non-Muslim country whose judicial system stipulates putting hand on Torah, Bible or both of them while swearing, then a Muslim must ask the court to allow him put his hand on the Qur’an. If the court did not respond positively to his request, he would be considered as if he has been forced in that case, he can put his hand on both of them or anyone of them without any intention of glorifying them.
Chairman, Islamic Fiqh Council
Abdullah Ibn Muhammad Ibn Humaid
President, Supreme Judicial Council
Deputy Chairman, Islamic Fiqh Council
Muhammad Ali Al-Harakan
Secretary-General, Muslim World League
Abdul Aziz Ibn Abdullah Ibn Baz
General President, Research, Ifta, Da’wah and Guidance
Muhammad Mahmood Al-Sawwaf
Saleh Ibn Othaimeen
Muhammad Abdullah Al-Subaiel
Muhammad Shadhli Al-Neifer
Mustafa Ahmad Al-Zarqa
Abdul Quddoos Hashemi
Abul Hassan Ali Al-Nadwi
Abu Bakr Muhammad Joomi
Hasanain Muhammad Makhloof
Muhammad Rasheed Qabbani
Mahmood Sheith Khattab
Muhammad Salem Abdul Wadood