Q: What is the ruling on swearing by the Ka`bah and the like? What is the permissible form of taking an oath?
`A.H.Q. Zahrah Banu Bashir Village
A: It is not permissible to swear by the Ka`bah or any other created thing. The Prophet (peace be upon him) said: "Whoever has to take an oath should swear by Allah or remain silent." (i.e. He should not swear by other than Allah.) Agreed upon by Imams AlBukhari and Muslim.
He (peace be upon him) also said: "He who swears by anything other than Allah is committing an act of Shirk (associating others with Allah in His Divinity or worship).'' Related by AlImam Ahmad on the authority of `Umar ibn Al Khattab (may Allah be pleased with him) with a Sahih (authentic) Sanad (chain of narrators).He (peace be upon him) said: He who swears by anyone but Allah commits Kufr (disbelief) or Shirk. Related by Abu Dawud and AlTirmidhy with a Sahih Sanad on the authority of `Abdullah ibn `Umar ibn AlKhattab (may Allah be pleased with them).
There are so many Hadiths narrated to the same effect prohibiting swearing by the Ka`bah, honesty, prophets, and other creatures.
The Shar`y (Islamically lawful) oath is to swear by Allah Alone, saying, "By Allah, I will do or I will not do such and such." Likewise, it is permissible to swear by any of Allah's Attributes such as AlRahman (the Most Gracious), AlRahim (the Most Merciful), Malik AlMulk (the Owner of Sovereignty) and by Allah's Life and Knowledge, etc. The Prophet (peace be upon him) used to swear saying, "By Him in Whose Hand my soul is." May Allah grant us success!