First of all, it is well known that as long as one lives in a certain country as a citizen or a legal resident, he or she certainly must abide by the laws of that country. This fact needs no proof, as by having citizenship, a residence permit or a visa, one agrees to abide by the laws of the country.
While abiding by the laws of the country of residence, a Muslim must try his best to comply with the rulings of Shari`ah whenever possible and be eager not to be liable to those laws that contradict the clear-cut Islamic rulings agreed upon by all Islamic juristic schools. However, when a non-Muslim law agrees with the ruling of at least one school, then there is no harm if a Muslim abides by such a law.
Sheikh Muhammad Al-Hanooti, member of the North American Fiqh Council, states: “We have to abide by the law of the place where we live. We are not committed to obey any law contradictory to Islam. You cannot live in a society without complying with its rules and laws. You will be forced to follow those laws. If you want to disobey the laws of that society, you will make yourself liable to penalties and punishments. That liability is against Islam.”
Shedding more light on the issue, Sheikh Faisal Mawlawi, Deputy Chairman of the European Council for Fatwa and Research, states: “First of all, I would like to correct the question, which should be formulated as this: Is it permissible for Muslims living in the West to obey the laws that are contradictory to Islam? Muslims are obliged to abide by the Islamic laws. However, does their living in the West and submission to its laws allow them to contradict the Shari`ah rulings?
In fact there are two types of positive or man-made laws:
Firstly, there are personal laws concerning which it is up to the individual to comply with or not. In this realm of laws, it is by no means permissible for the Muslim to do anything that contradicts the Islamic rulings and laws such as those that prohibit drinking alcohol, eating pork, committing zina (fornication or adultery), or taking riba (interest). Even though the Western laws permit such things, it is absolutely not permissible for the Muslim to do any of them.
Secondly, there are the laws that regulate the life of and the relations within the society, such as the laws regarding dealings between the Muslim and all other people in the society or those laws regulating the relations between the rulers and the ruled, etc. In this respect, a Muslim is obliged to abide by such laws when he is liable to any of them. For instance, when one wants to sell something, he is to abide by the law of selling; when he is to establish a firm then he is to abide by the laws governing these dealings. Here, we cannot give a general fatwa, as these laws can be in absolute contradiction with the Islamic laws or they can also be contradictory according to one school of fiqh while they are in conformity with the rulings of another school. Sometimes they may belong to matters upon which there is no ruling at all.
to conclude, a Muslim must try his best to abide by the rulings of Shari`ah whenever possible as much as he can. He should not allow himself/herself to be liable to those Western laws that contradict the clear-cut Islamic rulings agreed upon by all Islamic juristic schools. However, when the Western law agrees with the ruling of at least one school, then there is no harm if a Muslim abides by such law.”
Obeying Non-Muslim Laws
Did you like this content?
Recommended
Helping People: A Sign of Allah’s Favor
A Pledge with Allah Should Be Esteemed
Abandoning wife’s bed, allowed or not?
Can We Feel Joy While Oppressed Muslims Are Suffering?
Proofs of Muhammad’s Prophethood
A welcome message to new Muslims
Making up for Years of Missed Prayer
Vaginal Discharges and Prayer
Qualities to Look for in a Spouse
Religious Human Rights & the Qur’an
Top Reading