Is an oath taken under compulsion valid?

General Chapter

Al-Mughni

Book of Oaths

Book 59 · Issue 3 · Bab 1

Open in Qurani

Primary text

An oath taken under compulsion is not valid. This is based on the narration from Abu Umamah and Wathilah ibn al-Asqa' that the Messenger of Allah (peace be upon him) said: "There is no oath upon one who is overpowered." Furthermore, an oath taken under compulsion is an utterance forced upon someone unjustly, and thus it is not valid, similar to the utterance of disbelief (kalimat al-kufr) made under duress.

Supporting text

Abu Hanifa holds that an oath taken under compulsion is valid because it proceeds from a legally responsible person, analogizing it to an oath taken voluntarily.