اللغو في اليمين مفهومه وأثره في المؤاخذة والكفارة أ.د حسن بن خالد حسن سندي

Abstract: This study examines the concept of Laghw al-Yamīn (unintentional or legally ineffective oath) and its legal implications regarding liability and expiation (kaffārah). It investigates the relevant Qur'anic verses and Prophetic traditions, analyzes the juristic opinions on the subject, and critically evaluates the evidence supporting each view. The study aims to define the legal concept of Laghw al-Yamīn, distinguish it from a binding oath, and clarify how juristic disagreement concerning its interpretation affects rulings related to legal accountability and expiation. The research adopts an inductive approach by collecting the relevant textual evidence from the Qur'an and the Sunnah, an analytical approach in examining the narrations and their legal implications, and a comparative approach in presenting, discussing, and evaluating the opinions of the jurists according to established principles of Islamic legal reasoning. The study concludes that Laghw al-Yamīn refers to words of oath uttered without the intention of establishing a binding oath and, therefore, does not entail legal liability or expiation due to the absence of deliberate intent. It also finds that the juristic disagreement stems primarily from differing interpretations of the relevant textual evidence and methods of reconciliation between them. The study further concludes that the interpretation reported from ʿĀʾishah (may Allah be pleased with her) is the strongest view in light of the textual evidence and the objectives of Islamic law. Finally, it emphasizes the obligation of preserving the sanctity of oaths, revering the Name of Allah, and avoiding excessive swearing except where justified by legitimate necessity. Keywords: Laghw al-Yamīn, oath, binding oath, expiation (kaffārah), legal liability, Islamic jurisprudence, Prophetic Sunnah.

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