Lawbreaking And Islam: What's Allowed?

Muslims are generally obliged to follow the laws of the country they live in, as long as they are not ordered to do something that goes against Sharia law. If a law contradicts Islamic teachings, it is not permissible to act upon it or approve of it. For example, drinking alcohol is forbidden in Islam, so a Muslim cannot be expected to abide by a law that permits it. However, if a law does not contradict Islamic teachings, it must be adhered to. This is in accordance with religious texts that enjoin being faithful to contracts and covenants.

Muslims living in non-Muslim countries are considered to be living under a covenant, and so they must comply with the laws of their country of residence. This is a religious obligation, and failure to do so is considered a sign of being a hypocrite.

However, there is some debate on this topic. Some Muslims believe that it is permissible to violate the laws of non-Muslim countries. Others argue that even in an Islamic state, laws are created by human minds and Ijtihad (interpretation of Islamic law), so it is immature to differentiate between Allah's laws and man-made laws.

Breaking the law when it goes against your beliefs

Breaking the law when it goes against one's beliefs is a complex issue that has been debated by philosophers, religious scholars, and activists for centuries. While some argue that civil disobedience is sometimes necessary to fight injustice, others maintain that obeying the law is crucial for maintaining social order. Throughout history, many individuals have risked punishment by breaking the law to stand up for their beliefs, often sparking significant social change.

The question of whether it is ever justifiable to break the law when it conflicts with one's convictions is a moral dilemma that has plagued societies since ancient times. This dilemma often arises when individuals or groups feel that certain laws are unjust or violate their fundamental beliefs. For instance, in the United States, civil rights activists led by Martin Luther King Jr. broke segregation laws to protest racial discrimination, and in India, Mahatma Gandhi led non-violent acts of civil disobedience to resist British colonial rule.

In the Islamic tradition, the issue of abiding by the laws of non-Muslim countries is a nuanced one. According to some Islamic scholars, Muslims living in non-Muslim lands are generally obliged to follow the local laws as long as they do not contradict Islamic teachings or require them to commit a sin. In such cases, breaking the law may be deemed permissible, or even necessary, to remain faithful to one's religious obligations. However, Muslims are also advised to be patient and avoid rebelling against the authorities, even in non-Muslim countries, as long as they can practise their faith freely.

When considering whether to break the law, it is essential to weigh the potential consequences. Civil disobedience often carries legal repercussions, as those who break the law must be prepared to face the prescribed penalties. Additionally, while some forms of civil disobedience aim to be non-violent, there is always a risk of provoking violence or causing harm to others. Thus, those who choose to break the law must carefully assess the potential risks and ensure that their actions align with their values and beliefs.

Ultimately, the decision to break the law when it conflicts with one's beliefs is a deeply personal and challenging choice. While some may argue that it is a moral duty to resist unjust laws, others emphasise the importance of upholding the social contract and seeking change through legal means. Each situation requires a careful evaluation of the specific laws, the underlying beliefs, and the potential consequences of taking action.

The necessity of obeying the law in non-Muslim countries

Muslims are generally obliged to abide by the laws of the land and the country they live in, whether it is an Islamic state, a Muslim country, or a non-Muslim country, as long as they are not ordered to practice something that goes against Sharia law. If they are forced by the law to commit a sin, then it is impermissible to abide by the law.

Muslims who live in a non-Muslim country as citizens or who enter a non-Muslim country with a visa are obligated to fulfil this covenant of security, which necessitates obeying the law. Even if a Muslim were to enter a country illegally, they cannot be excused for violating another person’s rights. It is a religious obligation for a Muslim to keep their promises, behave truthfully, and respect people’s natural rights.

Muslims must adhere to the laws of any country they live in, as long as the law is not in contradiction with one’s religion. This is supported by the following hadith:

> "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." - (Sahih al-Bukhari, no. 2796 & Sunan Tirmidhi)

The above Hadith is general and does not distinguish between Muslim and non-Muslim lands, although it is understood by scholars to apply to Muslim lands. Furthermore, many scholars have divided non-Muslim lands into two categories: Dar al-Khawf and Dar al-Aman. Dar al-Khawf refers to a land where Muslims are under constant threat and fear regarding their religion, life, and wealth, while 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, the injunctions and rulings are similar to those in Muslim lands, thus the command of following the laws of the land would also apply.

In some cases, a Muslim may be required to participate in something controversial in Islam, such as purchasing mandatory insurance. In this case, according to the principle of choosing the lesser of two harms, a Muslim should follow the law according to the minimum requirements if the consequences of breaking the law would be worse for them and their community.

Therefore, Muslims should obey the law of the land in which they live as a matter of upholding their citizenship or visa contract. They should not lie, betray, or defraud anyone, nor can they justify violating anyone’s rights because they are not Muslims.

Additionally, Allah states in the Quran:

> “O you who believe! Fulfill (your) obligations.” - (Surah al-Maa’idah 5:1)

> “And fulfill (every) covenant. Verily! The covenant will be questioned about.” - (Surah al-Isrâ' 34)

> “And fulfill the Covenant to Allah when you have covenanted, and break not the oaths after you have confirmed them.” - (Surah al-Nahl 91)

> “Allah loves not the treacherous.” - (Surah al-Anfal 58)

> “And Allah does command you to render back your trusts to those to whom they are due, and when you judge between people that you judge with justice.” - (Surah al-Nisa 58)

These verses emphasise the importance of fulfilling covenants, keeping promises, and being truthful, which includes obeying the laws of the land as long as they do not contradict Islamic teachings.

The relationship between the law of the land and Shariah law

Muslims are generally obliged to abide by the laws of the land and the country they live in, whether it is an Islamic state, a Muslim country, or a non-Muslim country, as long as they are not ordered to practice something that is against Shariah law. If they are forced by the law to commit a sin, then it is impermissible to abide by the law.

Sharia, or fiqh, is a body of religious law that forms a part of the Islamic tradition based on scriptures of Islam, particularly the Quran and hadith. In Islamic terminology, Sharia refers to immutable, intangible divine law, while fiqh refers to its interpretations by Islamic scholars.

Sharia is the ideal form of divine guidance that Muslims follow to live a righteous life. It is derived from two main sources: the Quran, which is considered the direct word of God, and hadith—thousands of sayings and practices attributed to the Prophet Mohammed that collectively form the Sunnah.

Sharia guides the personal religious practices of Muslims worldwide, but whether it should influence modern legal systems remains a subject of intense debate. About half the world’s Muslim-majority countries have Sharia-based laws, and most Muslims worldwide follow aspects of Sharia in their private religious practices.

In countries where Islam is the official religion, the constitution designates Sharia as a source of the law. In some countries with large Muslim populations, such as Malaysia and Nigeria, the government has a secular judicial system, but Muslims can choose to bring certain matters to Islamic courts.

Muslims living in non-Muslim countries are considered to be living there under a covenant and must, therefore, comply with the laws of their country of residence without disobeying Islamic Law.

The permissibility of breaking the law in a life-or-death situation

Muslims are generally obliged to abide by the laws of the land and the country they live in, whether it is an Islamic state, a Muslim country, or a non-Muslim country, as long as they are not ordered to practice something that is against Shariah law. If they are forced by the law to commit a sin, then it is impermissible to abide by the law.

In the case of a life-or-death situation, the Islamic concept of "no harm" or "no loss" is particularly relevant. This principle states that causing harm or loss to another person is forbidden, and wise people agree that causing harm is considered an unacceptable act in social and civic life. This principle can be applied to the preservation of one's own life as well, meaning that it is permissible to break a law in order to save one's life as long as doing so does not cause harm to others.

However, it is important to note that the concept of "necessity" in Islamic law also comes into play in such situations. Necessity can justify committing prohibited acts, but it is generally understood that only the smallest degree of necessity should suffice, and any harm caused to others must be compensated.

Therefore, in a life-or-death situation, it is permissible to break the law as long as it does not contradict Islamic teachings and cause harm to others.

The sin of breaking the law

In Islam, the consumption of certain foods and drinks is considered haram, or unlawful. These include alcohol, pork, and the meat of animals that have been poorly treated or tortured before slaughter. However, the act of breaking secular laws is a more complex issue.

Muslims are generally obliged to abide by the laws of the land they live in, whether it is an Islamic state, a Muslim country, or a non-Muslim country, as long as these laws do not contradict their religious beliefs. This is based on the understanding that when one lives in a particular country, one agrees to adhere to its rules and regulations, which is considered a covenant or trust according to Shariah law. Breaking this covenant is considered a sign of hypocrisy and is absolutely unlawful.

However, if a law contradicts Islamic teachings, then it is not permissible to follow it. For example, if a law permits something that is considered haram in Islam, such as drinking alcohol or zina (sex outside of marriage), then a Muslim is not allowed to act upon or approve of these laws.

Additionally, if a Muslim is forced by the law to commit a sin or something that goes against their religious beliefs, then it is not only unnecessary but also impermissible to abide by such a law. This is supported by the famous hadith:

> "There is no obedience of the creation wherein there is disobedience to the Creator." (Musnad Ahmad)

Furthermore, in certain situations of necessity, such as when facing famine or the lack of any alternative, a person would not be considered guilty of sin if they consume something that is usually unlawful.

Overall, while Muslims are generally expected to follow the laws of their country, there are exceptions to this rule when laws contradict their religious beliefs or force them to commit sins. In such cases, they are not required to obey these laws and may even be considered sinful if they do so.

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