Question (Q-19):
What is the ruling if a husband swears an oath by the Holy Qur’an that he will not have sexual intercourse with his wife?
Answer:
According to the majority of scholars, an oath of the Holy Qur’ān is a valid legal oath. It is stated in Al Fatāwā Al Hindiyyah (Volume 2, Page 60):
لو حلف بالقراٰن يکون يمينا و به أخذ جمهور مشائخنا رحمهم اللّٰه کذا في المضمرات
“If he swears an oath by the Qur’ān it will be a valid oath. The majority of the scholars hold this position.”
If he has sexual intercourse with his wife, he will break his oath and must therefore compensate (give Kaffārah). Kaffārah is to either free a slave, feed ten poor people two satiating meals (morning and evening) that consist of the average food eaten by his family or to clothe ten poor people. If he is unable to do any of these three then he should fast for three consecutive days.
It is stated in the Holy Qur’ān;
“So the redemption of such oaths is to provide food to ten needy persons equal to the average of what you feed your family, or to clothe them, or to free one slave; and for one who has no means, is the fasting for three days;.. (Sūrah Al Māidah 5: 89)
It is stated in Al Fatāwā Al Hindiyyah (Volume 2 Page 68):
فإن لم يقدر علي أحد هذه الأشياء الثلثة صام ثلثة أيام متتابعات کذا في السراج الوهاج
“So if he is unable to do one of these three things, he should fast for three consecutive days.”
Allah تعالى knows best and His Knowledge is Absolutely Complete.
Written by Muftī Shamsulhudā Khān Misbāhī (Allah preserve him)
