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The Oath with Emphasis, The Legal Rule on Oaths, Conditions for the Oath -…
The Oath with Emphasis
The majority of the sunnah ulama and the Shiah except the Hanbalis and Zahiris - the oath may be strengthened further by giving it an emphasised effect through the use of accompanying words signifying the emphasis on the truthfulness of the oath. known as the "Taghliz"
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b) The place and time
- For muslim and also non muslim
- The Malikis - in qasamah, and li'an cases the oath should be added extra emphasis
- Giving weight to an oath with regards to time is only applicable in li'an cases i.e it is done after asr prayer.
- the Shafiis, the Muslims
a) in Makkah swear their oaths between the Kaʼbah and the Maqam of Ibrahim
b) in Madinah on the pulpit of the Prophet s.a.w.'s mosques
c) in Jerusalem at the Sakhrah and at other places on the pulpits of the respective mosques.
The Legal Rule on Oaths
blameworthy (makruh) - the oath to do a thing which is blameworthy or to relinquish a thing which is encouraged.
prohibited (haram) - the false oath or an oath to do a prohibited thing,
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commendable (sunnah) - As such an act negates a Sunnah therefore an oath in respect of such a thing in blameworthy as well.
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Conditions for the Oath
a) Islam
- Imams Al- Shafiʻi and Abu Thur. Ibn-Quddamah - the oath of a non-Muslim is valid
b) Mukallaf
- Rabiah, Al- laith, Daud Al-Zahiri, Abu Thur and Al-Muzani - the oath of the drunken person is not valid
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