Made an oath to be a non-Muslim if he committed Zina
Fatwa No: 114989

  • Fatwa Date:19-11-2008 - Thul-Qi'dah 21, 1429
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Question

Salam i swear that if do fornication(zana) than i exit from Islam, then i do fornication(zana) many time, dose i still on Islam or not. if i still on Islam then what is penalty and if i exited from then what is the procedure for me. if i am still in islam and due to fornication(zana) i have some penalty after paying the penalty, i still in swear and in case of again fornication(zana) "ASTAGFIRULLAH" i pay this penalty or not please give me brief answer.(if possible in urdu) moreover in English.

Answer

All perfect praise be to Allaah, The Lord of the Worlds. I testify that there is none worthy of worship except Allaah, and that Muhammad  sallallaahu  `alayhi  wa  sallam ( may  Allaah exalt his mention ) is His slave and Messenger.

 

We have already issued Fatwa 90806 clarifying that it is not permissible for a Muslim to make an oath declaring himself free from Islam, and whoever did so in order to oblige himself to do the thing on which he made the oath is still a Muslim; so please refer to the Fatwa.

However, some scholars  may  Allaah  have  mercy  upon  them are of the view that there is no expiation for this kind of oath due to its seriousness and its being very forbidden, while some other scholars  may  Allaah  have  mercy  upon  them are of the opinion that a person should expiate for it, and it is better to act according to this view to be on the safe side.

The expiation is not multiplied by the repetition of the breaking of the oath because the mentioned expression does not necessitate repetition unless you intended to multiply the expiation whenever you break your oath.

In any case, you are obliged to avoid Zina (fornication or adultery) because it is absolutely forbidden, and you are even more obliged to avoid it due to this oath; for more benefit please refer to Fatwa 84289.

Moreover, you should take the initiative to repent for the sin you committed; for more benefit on the conditions of repentance, please refer to Fataawa 86527 and 87903, and Fatwa 86970 on the punishment for Zina in this life.

Allaah Knows best.

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