Is it permissible to swear falsely if it is the only way to obtain one's right?
What is the ruling on someone who takes a decisive oath in a claim made against him, denying that he owes the plaintiff something under the pretext that the plaintiff is also in debt to him with an amount of money that exceeds the claimed one? The swearer is certain that he owes nothing to the plaintiff, and thus he resorted to the principle of clearing. He has a good intention that he would not transgress the right of anyone on the one hand and seeks to protect his right from being transgressed by the plaintiff on the other hand. He fears that if he refuses to take an oath, the plaintiff will do it wrongfully. Hence, he has decided to take an oath. What is the ruling on that? What is the correct course of action to be taken under all cases?
![Is it permissible to swear falsely if it is the only way to obtain one's right?](https://mrlatalib.com/chariaa/uploads/images/202309/image_100x75_64f405c814317.jpg)
It is due on anyone against whom a lawsuit is filed to be truthful in the oath he takes when asked to do it by the judge. Whoever swears falsely to deprive the plaintiff of his right is included under the statement of the Messenger of Allaah, sallallaahu ‘alayhi wa sallam, “ But if the defendant has a right with the claimant and he is almost certain that he will deny it, it will be permissible for him to deny his right accordingly even by means of an oath, provided that he does resort to equivocation rather than explicit speech. This is the opinion of the Maaliki and Shaafi‘i scholars of Fiqh, and the one stated by The basic rule for the permissibility of this goes back to the Statement of Allaah The Almighty (which means): · { · { We advise you to resort to equivocation because there are Hadeeths to this effect, which According to But if you are not certain enough that he will deny your right, it is impermissible for you to deny his right because there is no dire necessity for that. Rather, you should adhere to the basic rule which we have mentioned in the first part of the answer. In our view, it is better for you to be truthful with the judge and not to take resort to multi-indicative statements in avoidance of the difference of scholarly opinions and in accordance with the rule of tolerance and forgiveness. The basic rule for this goes back to the Statement of Allaah The Almighty (which means): · { · { Allaah Knows best.
What's Your Reaction?
![like](https://mrlatalib.com/chariaa/assets/img/reactions/like.png)
![dislike](https://mrlatalib.com/chariaa/assets/img/reactions/dislike.png)
![love](https://mrlatalib.com/chariaa/assets/img/reactions/love.png)
![funny](https://mrlatalib.com/chariaa/assets/img/reactions/funny.png)
![angry](https://mrlatalib.com/chariaa/assets/img/reactions/angry.png)
![sad](https://mrlatalib.com/chariaa/assets/img/reactions/sad.png)
![wow](https://mrlatalib.com/chariaa/assets/img/reactions/wow.png)