Is the Ila pronounced by a non-Muslim valid if the oath was specifically by the name of Allah?
General Chapter
Al-Mughni
Book of the Oath of Abstention (Ila')
Primary text
The opinion held by Abu Yusuf and Muhammad is that if a non-Muslim swears by Allah, he is not considered Mu'li, as he is not yet obligated regarding such oaths, and therefore would not be deemed to have breached the oath upon intercourse. This view is contrasted with cases where the oath involves divorce or manumission.
Supporting text
The majority view, supported by evidence from the Quran (2:226) and general legal analogy (since he is self-restricting), is that his Ila is valid, regardless of the wording, as long as it restricts intercourse.