Oath via a Text Message

Fatwa ID: 03463

Answered by: Maulana Moinul Abu Hamza

Question

 

Dear Shaykh. I hope you are in the best of health and Iman.

I have a quick question. Is taking an oath via text message valid in the following scenario: If a husband in a state of anger, without any intention, says to his wife via text message, 'I swear in the name of Allah, I will not call you anymore'.

Is this oath valid via text message? I will be waiting for your response. JazakAllah Khayran.

 

بِسْمِ اللهِ الرَّحْمنِ الرَّحِيْم

In the name of Allah, the Most Gracious, the Most Merciful

 

Answer:

 

An oath is one which is made by the name of Allah or one of his other names such as Ar-Rahman[1].

Furthermore, an oath taken in written form – such as text message – is considered to be the same as a verbal oath. This is due to the Qa’idah fiqhiyyah (jurisprudential principle) which states:

الكِتابُ كَالخِطاب – ‘Writing is like speech’

 

Therefore, the oath made in the text message is valid. If it is broken, then expiation of the oath will be due.

 

 

Only Allah knows best

Written by Maulana Moinul Abu Hamza

Checked and approved by Mufti Mohammed Tosir Miah

Darul Ifta Birmingham

 

 


[1] Al Hidayah, Imran Nyazee Version, Volume 2, page 919

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