Is it obligatory to swear using the Holy Qur'an (Mushaf)?

General Chapter

Al-Mughni

Book of Judicial Rulings

Book 64 · Issue 1 · Bab 1

Open in Qurani

Primary text

There is no known scholar who obligates swearing by the Mushaf. While some scholars, like those following Al-Shafi'i, observe that oaths are sometimes emphasized by using the Mushaf due to its containing the Words and Names of God, this practice is considered an addition beyond what the Messenger of Allah (peace be upon him) commanded. The practice of the Rightly Guided Caliphs and their judges using the Mushaf for emphasis lacks supporting proof and should not supersede the established practice of the Prophet (peace be upon him) and his Companions.

Supporting text

Al-Shafi'i observed judges, such as Ibn Mazin in Sana'a, emphasizing oaths by requiring the use of the Mushaf because it contains the Divine Speech.