thank you, abdullah - this is most instructive.
My pleasure!
which obviously means that *someone* has to have the authority to determine whether something is against shariah or not. i was under the impression (mistakenly or not) that this was determined at local level. or is it the case that some go by the rulings of particular authorities; al-azhar, for example? or is it both? i can see from this that whether something is "against shariah" or not could certainly be quite unclear without centralised authority.
Allah tells us in the Quran to follow the righteous Scholars and it is them we, the laymen, must refer to learn the Islamic perspective on any given matter as only the qualified Scholars can interpret the Quran and Sunnah acurately.
Muslims are instructed to follow only one Mujtahid [one school of thought] as that blocks the pathway to following one's desires, i.e, if Muslims were allowed to 'pick and choose' from the teachings of many Mujtahids out there, than vast numbers of them could just seek opinions that match their desires, and Allah has instructed us not to follow our whims and desires.
So therefore, the correct way for Muslims to go about ascertaining the Islamic perspective on any given matter, is to follow the opinions of the school of tohught that they ahdere to, and only the four traditional school of thought have been verified by the consensus of the Scholars...the overwhelming vast majority of muslims follow one of these four schools of thought anyway...and as these schools of thoughts agree on many issues, it is likely that they wouldn't differ/differ much on what kind of rules and regulations will be agianst shariah, i.e, would be haraam for a muslim to agree to and abide by.
As far as I know, as long as Muslims are allowed to practice their religion [perform the five pillars of Islam, propogate their religion, refrain from haraam, such as drinking alcohol, eating pork, etc,] freely, as we are allowed to do in Britain right now, than it is allowed in Shariah to live in a country like Britain with the agreement that we abide by their law and all it entails.
The Prophet [saw] agreed to a treaty drawn up with the Makkan kuffar which was dictated by the Kuffar and it seemed to be in favour of the Makkans and unfair to the Muslims...it even included that any Makkan who goes to Madinah to join the Muslims will be returned to the Makkans [to be kept prisoner and live under persecution] and any person from Madinah that might join the Makkans will not be under obligation to be returned to Madinah.
The above treaty shows that Muslims can agree to treaties [agreements] that even seem to be in favour of the non-Muslims and unfair to Muslims...The Shariah is verry flexible and accomodating in the kinds of agreements we can get into with the non-Muslims.
does this mean they would be obliged to disobey/break the law, or that they would still have to keep it "under protest", so to speak?
If a law stipulates that the Muslims cannot practice the five pillars of Islam, [saying the Shahadah, performing the five daily Salaah's, giving the Zakaat, Perfroming the Hajj, and fasting in the monthg of Ramadan] and cannot refrain from what Islam has clarifed as forbidden [alcohol, pork, fornication, etc] then we have to disobey the government and keep obeying Allah on those matters...It is also possible that we have to keep on practicing any action that is obligatory for us in Islam, and keep on propagating Islam [doing missionary work] despite the government prohibiting it...but I'm not sure about that...I'll have to ask the Scholars about this.
well, yes, but how is this to be determined? let's take halal slaughter for example (as this is an example relevant to judaism as well) - if it is made illegal in a country (for reasons of, say, cruelty to animals, rather than religious repression) is one obliged to eat vegetarian, or slaughter in secret, or leave the country? (btw, this is an example, i don't know of a case where this has occurred)
It is not obligatory for muslims to eat meat, so if halaal slaughter is prohibbted by law, than Muslims can eat vegetarian food...but it is essential [waajib] for Muslims [who have a certain amount of weath...] to sacrifice a halaal cow/goat, etc, on the festival of Ied Al-Adha so that may create serious problems for Muslims if Halaal slaughter should be banned.
Muslims are allowed to eat the meat of Christians and Jews but many Scholars maintain that the meat [of the Christians and Jews] has to be slaughtered with the throat being cut and no other name other than Allah [the ONE true God] must be mentioned when the animal is slaughtered...only than it will be allowed for muslims to eat or otherwise not...so banning halaal slaughter may indeed be a great problem for Muslims and it may also be a sign of unacceptable hostility towards Islam and Muslims from the goverment, thus it may be possbile that Muslims would be reccomended not to continue living under such laws or break the law to continue halaal slaughter...but once agian I'm not sure...I'll get it clarified from a Scholar inshAllah
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i can see how this works for immigrants and a convert, of course, can implicitly signal this agreement by the act of converting, because accepting the religion also implies acceptance of this rule, but what about a case of a native-born muslim?
The case of a native born Muslim would be that he/she still must abide by the law of the country that they live in...due to the following evidence:
...ibn Umar (ra) narrates that the Messenger of Allah (sm) said: “It is necessary upon a Muslim to listen to and obey the ruler, as long as one is not ordered to carry out a sin. If he is commanded to commit a sin, then there is no adherence and obedience.” (Bukhari, 2796)
The above Hadith is general, in that it does not distinguish between Muslim and non-Muslim lands, although the understanding of the scholars is that it generally applies to Muslim lands.
Furthermore, many scholars have divided non-Muslim lands (dar al-Harb/kufr) into two categories, Dar al-Khawf & Dar al-Aman. The former (dar al-khawf) refers to a land where Muslims are under a constant threat and fear with regards to their religion, life and wealth, whilst the latter (dar al-Aman) refers to a land where Muslims are relatively secure and safe. In Dar al-Aman (such as many non-Muslim countries in the west), many of the injunctions and rulings are very similar to Muslim lands (dar al-Islam), thus the command of following the laws of the land would also apply in these non-Muslim lands. (See: Radd al-Muhtar)
these sources are also extremely useful; thank you.
Heres the rest of that article in which there is further evidence on which the principle of obeying the law of the land that one lives in [even if it be a non-muslim country] is based on:
Sayyiduna Abu Hurayra (Allah be pleased with him) narrates that the Messenger of Allah (Allah bless him & give him peace) said: “The signs of a hypocrite are three: When he speaks he leis, when he makes a promise he breaks it, and when he is given a trust he breaches it.” (Sahih al-Bukhari, no. 33)
Sayyiduna Abd Allah ibn Amr (Allah be pleased with him) narrates that the Messenger of Allah (Allah bless him & give him peace) said: “Four traits, if found in an individual, then he will be a complete hypocrite (munafiq), and if an individual possesses one of these four, he will have one portion of nifaq: When he is given a trust he breaches it, when he speaks he leis, when he makes an agreement (ahd) he is guilty of treachery and disloyalty (gadar), and when he disputes he is fouled mouth.” (Sahih al-Bukhari, no. 34)
The Messenger of Allah (Allah bless him & give him peace) clearly gave guidance as how to one’s behaviour should be towards a person with whom one has an agreement or a covenant.
Safwan ibn Sulaym narrates from a number of Companions of the Messenger of Allah (Allah be pleased with them all) on the authority of their fathers who were relatives of each other, that the Messenger of Allah (Allah bless him & give him peace) said: “Beware, if anyone oppresses (or wrongs) the one with whom one has a agreement (mu’ahid), or diminishes his right, or forces him to work beyond his capacity, or takes from him anything without his consent, I shall plead for him on the Day of Judgment.” (Sunan Abu Dawud, no. 3047)
The above Hadith is quite clear, in that a Muslim is obliged to fulfil the covenant or agreement of even a non-Muslim. If such an agreement (ahd) takes place, then one will be considered to have safeguarded his life, wealth and property. It will be unlawful (haram), as mentioned quite clearly in the Hadith, to take any wealth of the one with whom there is an agreement without his consent. This categorically rules out the notion of some who consider taking of government wealth even by unlawful means to be permissible.
The practice of the Messenger of Allah (Allah bless him & give him peace) and his Companions (Allah be pleased with them all) also clearly illustrates the importance of fulfilling a covenant, and the unlawfulness of treachery.
During the battle of Khaybar which took place between the
Muslims and Jews, the Messenger of Allah (Allah bless him & give him peace) and his Companions (Allah be pleased with them all) besieged the fort of Khaybar wherein the Jews were residing. A poor Shepard who was working for his Jewish master had already heard about the Messenger of Allah (Allah bless him & give him peace), and upon seeing the Muslim army, thought that it was a good opportunity to inquire about Islam. He came out of the fort with the goats and sheep he was looking after and asked the whereabouts of the Messenger of Allah (Allah bless him & give him peace). Upon being directed towards the Messenger of Allah (Allah bless him & give him peace), he inquired about the basic teachings of Islam, and then said: “What will my status be if I accept Islam?” The Messenger of Allah (Allah bless him & give him peace) replied: “I will embrace you, you will become my brother and enjoy the same rights as other
Muslims.” He said: “I am very poor and in a bad state. I am totally black and have bad odour coming from my body and cloths. How will you embrace me if I am in such a condition?” The Messenger of Allah (Allah bless him & give him peace) replied: “I shall embrace you, for all of Allah’s servants are equal in His sight.” He said: “If I embrace Islam, what will my fate be?” The Messenger of Allah (Allah bless him & give him peace) said: “I bear witness that if you accept Islam, Allah will change the darkness of your body to light, and the bad odour to good fragrance.” These words of the Messenger of Allah (Allah bless him & give him peace) had their effect on his heart, thus he embraced Islam.
After entering into the fold of Islam, he asked the Messenger of Allah (Allah bless him & give him peace) what he was obliged to do? The Messenger of Allah (Allah bless him & give him peace) said that they were at the moment in the midst of war, thus the obligation at this moment and time was to participate in Jihad. However, the Messenger of Allah (Allah bless him & give him peace) said to him: “The first and foremost thing you need to do is return these animals to its Jewish owner and then engage in Jihad.”
As mentioned earlier, these animals belonged to a Jew who was in the opposing army, but the Messenger of Allah (Allah bless him & give him peace) ordered him to go back and return them. The reason being, that he had taken these goats and sheep on a trust, and it is necessary by Shariah to return the belongings taken on trust back to its owner.
Thereafter, he participated in the holy battle (jihad) and was amongst the martyrs. The Messenger of Allah (Allah bless him & give him peace) recognised his body, thus addressed his Companions that I see with my own eyes that he has been given a bath in the sacred water of paradise, and Allah has changed his darkness to shining white and his bad foul smell to refreshing fragrance.
The above is an amazing example of fulfilling a trust of even an enemy. The Messenger of Allah (Allah bless him & give him peace) was in the midst of war with the Jews of Khaybar, yet he ordered the herdsman to go back and return the animals.
It is true that, a Muslim army is allowed to seize the wealth and belongings of the opposing army during the state of war, but because the Shepard had taken these animals under a contract before the war, he was ordered to fulfil the contract, thus return them to its rightful owner sound and safe.
Those who claim that one may rob and loot the wealth of the western governments in any way possible, should ponder over the abovementioned incident with due diligence. If the Messenger of Allah (Allah bless him & give him peace) orders the belongings of a Jew (who is in the opposing army) to be returned to him, then how can one substantiate the permissibility of taking the wealth of the government unlawfully!
In conclusion, it is necessary by Shariah to abide by the laws of the country one lives in, regardless of the nature of the law, as long as it does not contradict Shariah. However, if the law demands something that is against Islam & Shariah, then it will be necessary to abstain from adhering to it, for the famous Hadith states:
“There is no obedience of the creation wherein there is disobedience to the Creator.” (Musnad Ahmad).
And Allah Knows Best
Peace