Thursday 14 July 2016

IT IS WAJIB (OBLIGATORY UNDER SHARIAH) TO OBEY THE LAWS OF THE COUNTRY ONE LIVES IN

Every Muslim is obligated under Shariah to obey all the laws of the country they live in, regardless of whether they live in a so-called Muslim country or a non-Muslim one, with the sole exception of those laws which may force them to commit a sin or inflict unbearable pain or suffering on another human being.

When illustrating this point Hazrat Mufti Muhammad Shafi RA used to give the example of Hazrat Musa (Moses) AS who had caused the death of one of Pharaoh's people by punching him, when he used to live in Pharaoh's kingdom before becoming a Prophet. Hazrat Musa AS used to do Istighfar (begging Allah SWT for forgiveness) and, as narrated in the Quran, used to say that I have committed a sin and a crime against their people. Mufti Muhammad Shafi RA said that Hazrat Musa AS did not intend to kill that person, he was only trying to defend one of his people and had no idea that the person would die as a result of Hazrat Musa punching him. Therefore, it wasn't murder in that sense, but because it resulted in the death of a person, he saw it as a sin and used to do Istighfar to be forgiven for that sin.

The question that arises from this story is that the person Hazrat Musa AS had caused the death of, was a non-believer, and belonged to a people Hazrat Musa's people were at war with. Even if he had deliberately killed that person why would it have been a sin, because he belonged to the category of a combatant non-believer? Hazrat Mufti Shafi RA said that the reason was that because Hazrat Musa AS was living in Pharaoh's lands it meant he had implicitly made a commitment to obey all the laws of that kingdom, and because under their laws it was unlawful to kill that person, what Hazrat Musa AS had done was in violation of that law and that is why he interpreted it as having committed a sin and always did Istighfar for it. What this suggests is that when a person is living in a country, regardless of whether it is a so-called Muslim country or a non-Muslim one, he has implicitly made a commitment to abide by all the laws of that country, except those which may force him to commit a sin.

Adapted from the talk "Breaking a promise" by Mufti Muhammad Taqi Usmani DB.

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