Issue 1351: If a person swears an oath so as to do something or refrain from doing it, for instance, to fast or not use tobacco, but later violates the oath intentionally, they must atone for it, that is to give Kaffara, they will have to emancipate a slave or to feed ten poor men or to clothe them, and if they are unable to do these, they must keep three fasts which should, as an obligatory precaution, be kept on three successive days.

Issue 1352: There are some conditions for validity of an oath:

1- One who swears an oath must be a sane adult, and if they want to swear an oath staking their property, they must not be feeble-minded and must do so of their volition and with their own clear intention. Hence, an oath by a minor, an insane person, an intoxicated or drunk person, or a person who is compelled to do so, will not be valid; nor will an oath be valid if a person swears it while being angry without any intention.

2- What a person swears to do must not be an illegal or legally disapproved act, and what they swear to avoid doing, must not be an obligatory or recommended act, and when they take an oath to do some usual and normal act (Mubah), it will be valid provided that avoiding that act is not preferable to doing it in the eye of sensible people; similarly, if a person should take an oath to avoid some act, it will only be valid if, in the view of sensible people, doing it is not preferable to avoiding it.

3- The oath must be sworn using one of the names of Allah the Almighty which are exclusively used for Him (e.g. Allah); it will also be valid if they swear to a name which is used for other beings, but due to its extensive use for Him, it reminds of Him alone whenever uttered, for example, if one swears to Khaliq (The Creator), or to Raziq (The Sustainer), the oath will be valid; and even if a person swears to a name, which does not remind of Allah, but they intend it to mean so, as a precaution, they should keep that oath.

4- The oath should be uttered in words and it will not be valid if it is written or passed through one’s mind, but if a dumb person takes an oath by making signs and points, it will be valid.

5- It should be possible for the person, who takes an oath to keep their oath and act upon it; and if, at the time of taking the oath, it is possible for them to act upon it but later they become incapable of acting upon it, or if they should suffer hardship later (before the due time comes), the oath will be nullified from the time they become in capable.

Issue 1353: It is legally disapproved to swear in order to confirm the truth; and it is illegal to take an oath to confirm a lie and in fact it is a cardinal sin. However, if a person takes an oath in order to save him/herself or another Muslim from the torture of an oppressor, there will be no harm, and in fact, at times it becomes obligatory to do so, and swearing an oath in this manner is different from what was discussed in the previous section.