Conditions for making Mubaahalah
Fatwa No: 333181

Question

Assalaamu alaykum. First of all, please do not recommend other questions as I have already searched for them. Brothers, please answer my question particularly, and in the shortest time possible. Can we make Mubaahalah (to sincerely pray and invoke the curse of Allaah upon those who lie) on seven modes of recitation even though some scholars have disregarded it? Can we make Mubaahalah that all attributes need no Ta'weel? Are issues like this considered preponderant, or are they absolute certainty? Also can you make Mubaahalah with yourself that you are a Muslim?

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.

Mubaahalah is not permissible except in matters that are Islamically dangerous and provided that there is an expected benefit from such a Mubaahalah, such as the removal of an injustice and the like, and provided that this is done after establishing the evidence.

Ad-Dawaani  may  Allaah  have  mercy  upon  him said, “Mubaahalah is not permissible except in an Islamically important matter about which there is a misconception and stubbornness that cannot be repelled except by Mubaahalah, but it is a condition that this be after establishing the evidence, endeavoring to remove the misconception, and giving advice and warning, while there is no avail to such efforts and there is a necessity of resorting to it [Mubaahalah].” [Excerpted from Al-Futoohaat Al-Ilaahiyyah]

If such conditions are met, then Mubaahalah becomes permissible, otherwise no. Mubaahalah is not a game or a mere means to support one’s opinion. It is a call of curse on the liar. Indeed, the one who knows its meaning feels its seriousness and does not resort to it except at times of necessity.

As regards the seven kinds of recitations that are proved by Tawaatur (i.e. being reported by a group of narrators from a group of narrators, generation after generation and so forth, and they are all trustworthy people and it is absolutely impossible for them to agree on a lie), or affirming the Attributes of Allaah: then both matters are absolutely determined by the Sharee'ah. These are matters about which it is permissible to make Mubaahalah if the previous conditions are met.

Al-Qanooji, in his Tafseer, quoted from Ibn Al-Qayyim that he called for Mubaahalah regarding affirming the Attributes of Allaah, and he also mentioned this about himself in his book ‘Awn Al-Baari.

As for making Mubaahalah with a person about his Islam, then it is forbidden, because none of the conditions that make Mubaahalah permissible apply to this.

Allaah knows best.

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