Date : 29-08-2024

Question :

An employee working in a job applied to take a competitive exam for another job. The registration was done electronically, and there was a statement that said: "I declare on my honor that I do not hold any job or position, nor do I engage in any profitable activity." It is worth mentioning that he stated this and was accepted by the institution, is it permissible for him to make this statement, and what is the ruling of Sharia on his salary? 


 

The Answer :


All perfect Praise be to Allah, The Lord of The Worlds and may His Peace and blessings be upon our Prophet Muhammad and upon all of his family and companions


It is disliked (Makruh) for a person to swear an oath by other than Allah, such as by one of the creatures, even if it is by prophets or saints. However, in our view, swearing by other than Allah is not considered disbelief (Kufr) or sin. The statement attributed to Imam Al-Shafi'i (May Allah have mercy on him): "I fear it might be a sin" is understood as a strong admonition and discouragement rather than a declaration of it being a sin. Imam Al-Juwayni (May Allah have mercy on him) stated: "The correct view is that it is disliked (Makruh) and not forbidden (Haram), and the wording of Al-Shafi'i is to be understood as an exaggeration to stress its discouragement" [Nihayat Al-Matlab, Vol. 18/P. 302].


A Muslim should refrain from swearing oaths by other than Allah. If one does swear by other than Allah, it is recommended to repent and seek forgiveness, considering the scholarly differences in this regard. Such an oath is not considered valid and does not require expiation (Kafara). As mentioned in [Hashiyat Al-Jamal 'Ala Sharh Al-Minhaj, Vol. 5/P. 288], it states: "An oath sworn by a creature, such as by the Prophet or the Kaaba, does not hold. It is disliked as indicated by the Hadith: "Indeed, Allah forbids you from swearing by your forefathers. Whoever swears an oath let him swear by Allah or remain silent."


Sheikh Al-Islam Imam Ibn Hajar Al-Haytami (may Allah have mercy on him) said: "According to the majority of the scholars mentioned in the explanation of Sahih Muslim, it is disliked (Makruh) to swear by other than Allah, which is the reliable view, even though the evidence clearly points to it being a sin. Some have said that this should be followed in most times, as many people use such oaths to show respect for the creature and to liken it to Allah, exalted be Allah far above such comparisons." [Tuhfat Al-Muhtaj, Vol. 4/P. 10].


In this regard, it is obligatory for a Muslim to adhere to honesty and integrity in all their statements and actions, regardless of the surrounding circumstances, and to avoid lying in all situations. Allah, the Almighty, Says (What means): "O you who have believed, fear Allah and be with those who are true." [At-Tawbah: 119]. Moreover, the Messenger of Allah (PBUH) said: "Whoever deceives us is not one of us" [Bukhari].


The prohibition of lying, deceit, and forgery to gain worldly benefits is well known, as these are considered grave sins.


Regarding the salary that an employee receives due to their actual work in a position, it is considered lawful in Islamic law as long as it is earned from permissible work. The sin is related to providing a resume or experience certificate that does not reflect the truth and reality, not to the money earned. And Allah The Almighty Knows Best.