Is the oath of allegiance (Ayman al-Bay'ah) legally binding?
General Chapter
Al-Mughni
Book of Expiations
Primary text
The issue of rendering a ruling on the oaths of allegiance is treated with caution, as noted by Abu Abdullah Ibn Battah who reported that Abu Al-Qasim Al-Kharaqi refrained from issuing any fatwa concerning them and observed that none of his sheikhs issued rulings on this oath. Al-Kharaqi stated that the oath is binding only if the swearer undertakes all stipulations contained within it, regardless of whether they knew the specifics or not. The oaths of allegiance were historically established by Al-Hajjaj during the pledge of allegiance or important matters of authority, replacing the earlier practice of physical handshaking during the time of the Messenger of Allah (peace be upon him) and the Rightly Guided Caliphs. These oaths historically involved binding the swearer by Allah, divorce (talaq), manumission (itiq), and the Sadaqa (charity) of wealth.
Supporting text
If the swearer does not know the specifics of the oath, the oath is not concluded regarding its contents because the expression used is not explicit for an oath, and implied language (kinayah) is invalid without intention (niyyah). Even if the swearer knows the contents but does not intend to contract the oath by what is within it, the oath is also invalid for the same reason.