To swear in someone’s name means to honor him and make his being sacred. Only Allah deserves such honor. He who swears in the name of an entity other than Allah, associates and shares that entity with the honor and authority of Allah. Therefore it is shirk. It is a sin for poets to swear falsely in the name of Allah, but it is not shirk. Shirk poets are bigger than Guna, even if it is small shirk. The one who swears by the name of Pir, he has made Pir equal to Allah; The one who swears by the Prophet (peace and blessings of Allaah be upon him) has made them equal to Allaah; Similarly, he who swears in the name of an object other than Allah and His attributes, associates that object with Allah’s right and special honor. Narrated ‘Umar (may Allaah be pleased with him): The Messenger of Allaah (peace and blessings of Allaah be upon him) said:
“Whoever swears by anyone other than Allah has disbelieved, or committed shirk.” Ibn Mas’ud (may Allah be pleased with him) said: “I will swear falsely in the name of Allah rather than swearing falsely in the name of Ghairullah. This is more dear to me.” Narrated Ibn ‘Umar (may Allah be pleased with him): The Messenger of Allah, may Allah bless him and grant him peace, said:
“Do not swear by your fathers. He who swears in the name of Allah should tell the truth, and he who swears in the name of Allah should be satisfied, and he who is not satisfied in the name of Allah has nothing to do with Allah. “
If a person swears by the Qur’an or any of its verses that have been revealed to Muhammad (peace and blessings of Allaah be upon him), then his oath is valid. Because, the Qur’an is the word of Allah, which is included in His Sifat. And one can swear by all the attributes of Allah, so swearing by the Qur’an is also valid. If one intends by the Qur’an the alphabet of paper, ink and Arabic, then it is not permissible, but includes shirk; Because, paper-ink and Arabic alphabet are creatures. Therefore, it is better not to swear by the Qur’anul Kareem, because it contains the same word-ink and Arabic alphabet as the word of Allah.
In the case of oaths and vows, the intention of the person taking the oath is generally acceptable, because the Prophet (peace and blessings of Allaah be upon him) said:
“All actions depend on intention, and for every person there is what he intended.” However, if the right of the other is involved with the oath, then the intention of the other person i.e. the person taking the oath and the judge will be acceptable. Narrated Abu Huraira: The Messenger of Allah, may Allah bless him and grant him peace, said:
“Your oath will be based on your partner who is telling you the truth.” In another narration, “the oath is organized on the intention of the person taking the oath.” Therefore, if the person taking the oath intends something different, his intention is not acceptable. Yes, if the swearer is oppressed, then his intention will be acceptable. And if there is no intention at the time of swearing, then the object inspiring the oath and its cause will be considered as intention.
It is a bid’ah to swear by the Qur’an al-Karim with or without it; However, some people have given permission to him to explain the severity of the oath and to intimidate the one who swears falsely.
Shaykh ‘Uthaymeen (may Allaah have mercy on him) was asked about the oath of the Qur’aan, to which he replied: The custom of swearing by the Qur’an was not in the time of the Prophet (peace be upon him), nor in the time of his Companions, even after the Quran was written. Therefore, it is better to swear in the name of Allah without presenting the Qur’an in the moment of need.
Ibn Qudaamah al-Maqdisi (may Allaah have mercy on him) rejected the custom of swearing by the Qur’an al-Karim and said: SanaI have seen Ibn Majin, the Qadi-judge of the Qur’an, strengthen his oath by the Qur’an. The companions of Shafi’i Rahimahullah said: It is necessary to strengthen the oath by presenting the Qur’anul Kareem, because it contains the word of Allah and His names. Ibn Qudaamah (may Allaah have mercy on him) said: It is a transgression and an exaggeration of what the Messenger of Allaah (peace and blessings of Allaah be upon him) instructed about the oath, and what Rashedah and his judges did in his caliphate. Therefore, the deeds of the Prophet (peace and blessings of Allaah be upon him) and his companions can never be abandoned because of the deeds of Ibn Majin or anyone else. “
Qurtubi (may Allah have mercy on him) said: “Ibn al-‘Arabi says that it is a bid’ah to swear by the Qur’an al-Karim with one’s hands, no Companion has done so.”
Secondly, why is the Qur’an for swearing, the name of Allah or His Sifat not sworn, which is valid and so that there is no danger of sin !? So if you need to swear, swear in the name of Allah. The Prophet (peace and blessings of Allaah be upon him) said:
“Whoever has to swear, let him swear in the name of Allah, or be silent.”
It is to be noted that it is not permissible for a Muslim to swear by the Torah, the Injil and the Psalms, because these books do not exist in the same intact and unaltered form as Allah has revealed to the Prophets concerned. Secondly, the Shari’ah of Muhammad (peace and blessings of Allaah be upon him) has abolished all the previous Shari’ahs. If it happens in a non-Islamic country and the judge forces the Muslim to lay his hands on the Torah or the Injil or both, he will say take oath of Quran from me, I will lay hands on him, if the judge does not listen to him then he is incapable, disabled and oppressed It will be considered that he has no problem in laying his hands on the Torah or the Injil or both, but he will not intend to show respect to these books during the oath.
Atonement for breaking an oath:
After swearing in the name of Quranul Kareem or Allah or any of his attributes, if he wants to return from the oath, or to break the oath, then it is necessary to pay the expiation of the oath. The expiation of the oath is to give food to ten poor people, or to give them clothes to wear, or to set free a believing slave, if none of them can afford it, then fast for three days. Allaah says (interpretation of the meaning):
“Allah does not hold you accountable for your vain oaths, but He seizes you for your solemn oaths. So the expiation for this is to give food to ten poor people – moderate food that you feed your family, or give them clothes, or free a slave. Then he who cannot afford it should fast for three days. This is the expiation of your oaths – if you swear, and you keep your oaths. Thus does Allah make clear to you His communications that you may give thanks. There is no order between giving food, clothing and freeing slaves, the expiation will be paid by any one of them, but if one of the three can afford it, the expiation will not be paid.
Narrated in Bukhari and Muslim, the Prophet (peace and blessings of Allaah be upon him) said:
“I swear by Allah, if I swear I see any good in return for it – InshaAllah, of course I will atone for my oath and do good deeds; Or do good deeds and then atone for my oath. “ Imam Muslim and other muhaddithin have narrated that the Prophet (peace and blessings of Allaah be upon him) said: In another narration it is said, “Let him atone for his oath and do what is good.” If the oath is not fulfilled then this is the way out of the oath.
– Sanaullah Nazir Ahmad
Edit: Dr. Abu Bakr Muhammad Zakaria
 Tirmidhi: (1535), Imam Tirmidhi has narrated the hadith Hasan. Abu Dawood: (3251), Albani Rah. Sahih Tirmidhi has narrated the hadith.
 Musannaf Abdur Razzak: (15929)
 Ibn Majah: (2101), the sanad is Hasan.
 Bukhari: (1)
 Muslim: (1854)
 Fatwa Nurun Alad-Darb.
 The current capital of Yemen.
 See: Al-Mughni: (12/119)
 Tafsirul Qurtubi: (6/354)
 Bukhari: (269)
 Surah Maidah: (69)
 Bukhari: (623)
 Muslim: (1851)
 Muslim: (1851), Muwatta Imam Malik: (1034)