LAW

Published on
Islamic Contract Law – ʿAqd al-Yamīn (Oath Agreement) with Examples


1. Meaning of ʿAqd al-Yamīn
  • ʿAqd al-yamīn = a binding oath or sworn commitment
  • Derived from:
    • ʿAqd → to bind
    • Yamīn → oath (often sworn in the name of God)
👉 Meaning:
  • A promise reinforced by an oath, making it more serious and binding


2. Nature of ʿAqd al-Yamīn
  • A unilateral act:
    • Made by one person
    • No acceptance required
  • Stronger than a normal promise because:
    • It involves invoking God
👉 Creates:
  • Moral + religious obligation


3. Key Characteristics (with Examples)
  • Based on oath (swearing)
    • Example:
      • “By Allah, I will repay this debt tomorrow”
    • This is stronger than a simple promise


  • Binding on the person making it
    • Example:
      • “I swear I will complete this work today”
    • The person is religiously bound to fulfil it


  • No need for acceptance
    • Example:
      • A swears to fast tomorrow
    • No other party is required


4. Types of ʿAqd al-Yamīn (with Examples)
a. Oath to Perform an Act
  • Example:
    • “By Allah, I will donate RM500 to charity”
  • Obligation:
    • Must perform the act


b. Oath to Abstain from Something
  • Example:
    • “By Allah, I will not lie again”
  • Obligation:
    • Must avoid that action


c. Oath Related to a Fact
  • Example:
    • “By Allah, I did not take the money”
  • Used in:
    • Disputes or affirmations


5. What Happens if the Oath is Broken?
  • Breaking a yamīn requires:
    • Expiation (kaffārah)
  • Common forms of expiation:
    • Feeding the poor
    • Clothing the needy
    • Fasting (if unable to do the above)
👉 Shows:
  • The seriousness of making an oath


6. Difference from Other Forms of ʿAqd (with Examples)
  • Commercial ʿAqd
    • Example:
      • Sale of goods
    • Focus:
      • Legal rights and obligations


  • ʿAqd al-ʿAhd (Covenant)
    • Example:
      • Promise to help someone
    • Focus:
      • Moral commitment


  • ʿAqd al-Yamīn
    • Example:
      • “By Allah, I will repay you”
    • Focus:
      • Religious and moral obligation reinforced by oath


7. Practical Importance
  • Encourages:
    • Truthfulness
    • Responsibility
    • Seriousness in commitments
  • Acts as:
    • A stronger form of promise due to accountability before God


Final Summary
  • ʿAqd al-yamīn = a binding oath-based commitment
  • Characteristics:
    • Unilateral
    • No acceptance needed
    • Religiously binding
👉 Example in one line:
  • “By Allah, I will do this” = ʿAqd al-yamīn (binding, with consequences if broken)​.

Picture
0 Comments

Author

Learn the fact about law