Shirk and its different forms, Dought & clear,- * Ruling on swearing by the life of the Qur’aan

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I swore an oath that my brother should not sleep in the house, and I said “By the life of the Qur’aan, you shall never sleep in the house.” Then he slept in the house. What do I have to do?.
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Praise be to Allaah.
Firstly:
In the answer to question no. 122729we stated that it is permissible to swear by the names and attributes of Allah.
The Qur’aan is the word of Allah, and His word is one of His attributes, so it is permissible to swear by the Qur’aan. The scholars of the Standing Committee said:
It is permissible to swear by Allah and His Attributes. The Qur’aan is the word of Allah, which is one of His attributes, so it is permissible to swear by it.
End quote fromFataawa al-Lajnah ad-Daa’imah, 1/354
Secondly:
Swearing by the life of the Qur’aan is not mentioned, as far as we know, in Islam, either in the Book of Allah or the Sunnah of His Messenger (blessings and peace of Allah be upon him) or the words of any of his Companions (may Allah be pleased with them).
It seems that the one who swore by this oath intended to swear by the Qur’aan and spoke in the manner of the common folk when they swear by the life of that by which they are swearing. What appears to be the case is that it comes under the same rulings as the ruling on one who swears by the Qur’aan.
Shaykh Ibn Baaz (may Allah have mercy on him) was asked:
We have many people who swear by things other than Allah. For example they say, “By the life of the Prophet Muhammad (blessings and peace of Allah be upon him)” or “By the life of ‘Eesa” or “By the life of Moosa (peace be upon him)” or “By the life of the Qur’aan” or “By the life of my father’s grave” or “I swear by my honour”. Please advise me about that; may Allah reward you with the best of rewards.
He replied: Swearing by anything other than Allah is not permissible. Rather the oath should be by Allah alone, may He be glorified and exalted, because it is proven that the Messenger of Allah (blessings and peace of Allah be upon him) said: “Whoever swears an oath, let him not swear by anything except by Allah, or else let him remain silent.”
And he said: “Whoever swears by anything other than Allah has associated something with Him (shirk).” Swearing by anything other than Allah is one of the haraam actions that constitute kufr (disbelief), but it comes under the heading of minor shirk, unless he meant that this by which he swore was as great as Allah, or that it has control over the universe, or that it deserves to be called upon instead of Allah, in which case it becomes major kufr (al-kufr al-akbar) – Allah forbid.
So if he said “By the life of So and so” or “By the life of the Messenger” or “By the life of Moosa” or “By the life of ‘Eesa” or “By my father’s grave”, or he swore by honesty or by the Ka‘bah and so on, all of that is swearing by something other than Allah, and all of that is not permissible and is an evil action.
What should be done is to not swear by anything except Allah, may He be glorified and exalted, or by one of His attributes, or by one of His names. The Qur’aan is the word of Allah, and the Qur’aan is one of the attributes of Allah. So if a person says “By the Qur’aan” or “By the life of the Qur’aan”, there is nothing wrong with that, because the Qur’aan is the word of Allah, may He be glorified and exalted.
End quote fromFataawa Noor ‘ala ad-Darbby Ibn Baaz (p. 236-237)
Thirdly:
If a person swears that his brother or someone else should not sleep in the house, then he sleeps there, he has to offer expiation for breaking an oath (kafaarat yameen).
The scholars of the Standing Committee were asked:
I swore an oath to someone, saying: “By Allah, you should not slaughter the animal,” but he did not heed my words and he slaughtered it, and I ate some of it. Is there any sin on me, and is there any expiation I have to offer? If there is any expiation I must offer, please advise me about it.
They replied: If the situation is as you describe, there is no sin on you for eating from it, but you have to offer expiation for breaking an oath (kafaarat yameen), by feeding ten poor persons with the same kind of food as you eat, or clothing them, or freeing a believing slave. If none of that is possible, then you have to fast for three days.
End quote fromFataawa al-Lajnah ad-Daa’imah, 23/85
Ibn Baaz (may Allah have mercy on him) was asked:
I have children and I often swear that they should not do such and such, but they do not respond to my words. Do I have to offer any expiation in this case?
He replied: If you swear an oath to your children or anyone else, with the aim that they should do something or should not do something, then they go against that, you have to offer expiation for breaking an oath (kafaarat yameen). End quote fromMajmoo‘ Fataawa Ibn Baaz(23/119)
Fourthly:
If your oath to your brother that he should not sleep in the house was the result of an argument, then it is not Islamically appropriate. When you swore that oath, what is Islamically prescribed in your case is to break the oath and offer expiation for it, because of the report narrated by al-Bukhaari (6718) and Muslim (1649) from Abu Moosa al-Ash‘ari (may Allah be pleased with him), according to which the Prophet (blessings and peace of Allah be upon him) said: “By Allaah, if Allaah wills, I do not swear an oath then see something better than that, but I expiate my oath and do that which is better.”
And Muslim (1650) narrated that Abu Hurayrah (may Allah be pleased with him) said: The Messenger of Allah (blessings and peace of Allah be upon him) said: “Whoever swears an oath then sees that something else is better than it, let him do that and offer expiation for his oath.”
An-Nawawi (may Allah have mercy on him) said:
These hadeeths indicate that if a person swears to do something or not to do something, and breaking the oath is better than adhering to it, it is mustahabb for him to break the oath and he has to offer expiation. This is something agreed upon.
And Allah knows best.

PUBLISHERM.NajimudeeN. MD,IRI

Engagment, - Dought & clear, - * He proposed marriage to a girl and she prayed istikhaarah and saw them both and their families in Paradise

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My ex fiance did an istakhara last year in ramadan, and in her dream she saw me in jannah with her and her familly, sand we have broken the engagement for about 2 years, and yeah we both want to be married with each other can you please tell me what to do about getting with her again and also tell me details about her istakhara which she did about us and saw me with her in jannah please.
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Praise be to Allaah.
Firstly:
If this girl is religiously committed and of good character, then there is no reason why you should not propose to her again, then complete the marriage contract with her, so long as both of you want to get married. We ask Allaah to make good easy for you wherever it is, and to make it a happy and blessed marriage.
Secondly:
It is prescribed for the one who wants to get married to pray istikhaarah, asking Allaah for guidance, and to mention by name the girl whom he wants to marry. The girl should also do likewise. If the matter then goes ahead smoothly with no problems, that is a sign that it is good to go ahead and complete the marriage contract, but if he encounters any obstacles that is a sign that Allaah is diverting him from going ahead.
Istikhaarah does not depend on dreams as some people think.We do not know how to interpret dreams.
And Allaah knows best.

PUBLISHERM.NajimudeeN. MD,IRI

Engagment, - Dought & clear, - * He is asking about marrying a girl who works as an accountant in a tobacco company

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Is it permissible for me to marry a girl who works as an accountant in a tobacco company? She is moral girl, virtuous and wears hejab. Allah knows what chests hide.
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Praise be to Allaah.
Marriage is a step towards happiness in this world, but many people seek happiness in this transient world and forget about the Hereafter which is eternal, so when it comes to marriage they do not pay attention to that which Allaah has prescribed, and they only think of finding pleasure and satisfying desires, and they only pay attention to the beauty, status or wealth of the woman they seek, and in most cases that is at the expense of religious commitment.
We do not think that you are one of these people.
The Muslim needs someone who will make him steadfast and help him to be righteous and adhere to the path of good and obedience. The best help in all of that is a righteous wife, who will tell him to do good and forbid him to do evil.
The Muslim also needs a decent and righteous mother who will take care of his children and bring them up properly, and instil strong morals and good values in them, teaching them to submit fully to Allaah and to respect the religion of Allaah in their hearts and be motivated to adhere to the rulings of sharee’ah in their lives, so that they will attain the pleasure of Allaah in this world and in the Hereafter, and so that they will be beacons of goodness and righteousness in their societies.
This is what you should look for in the woman whom you seek as a wife and companion, and this is what you should pay attention to when proposing marriage.
Think about the situation of this girl to whom you want to propose marriage.
If you see in her what we have described, then she is the one you want, so make sure you do not miss this opportunity. The sign of that is that if you explain to her that smoking is haraam and that helping with it and working in companies that produce and market tobacco is haraam, she will respond to you and will give up her job willingly, rejoicing that Allaah has guided her and diverted her from haraam and impure earnings. We ask Alala to guide this young woman.
But if she rejects your advice and does not listen to the fatwas of the scholars which are virtually unanimous in stating that this obnoxious plant is haraam and that it is haraam to work in producing it, and she insists on staying in that haraam job and mixing with non-mahram men who share this sin with her, then we do not think that in that case you will see in her the good qualities that we spoke of, and you will realize that our advice will – inevitably – be to forget about this proposal and look for another opportunity that is based on obedience, piety and commitment, and to avoid speaking to this girl, and not try to get in touch with her, because speaking to women unnecessarily is haraam.
Working in factories and companies that produce tobacco and cigarettes is worse than actually smoking, because the producer of tobacco is a producer of evil and a source of evil and harm who is working to corrupt society by destroying the health and well being that Allaah has given to people. So he bears the burden of sin for all the harm and damage that spreads through society because of smoking, even if his work is in the accounting department, because the company is a single entity whose work is basically haraam, and every job that helps in something haraam is also haraam.
We look forward to the day on which the tobacco factories and companies will become idle, shunned by every Muslim who feels a sense of protective jealousy towards his religion, his own self and his society, and when he protects himself against being a source of destruction and corruption.
Try to advise this girl concerning this matter, and quote to her the fatwas which state that. Neither you nor she should seek that haraam provision, for Allaah, may He be glorified and exalted, erases blessing from that which is haraam but He blesses that which is halaal. If she responds, then go ahead and marry her, otherwise Allaah will make everyone independent of means by His Bounty, and Allaah is Most Generous and Wise.
On our site there are many fatwas which state that it is haraam to work in anything that involves helping in evil and haraam.
And Allaah knows best.

PUBLISHERM.NajimudeeN. MD,IRI