Muslims Face Hardship Navigating Intersectionality Between Shari’a & Democracy

Texas Imam, Yale PhD scholar Yasir Qadhi: What is the Ruling on Blasphmy? Lecture premiered Nov 3, 2020. The beading of French teacher Samuel Paty happened days prior to this lecture. Below in an excerpt

“The fourth question Muslim minorities, us, in America, in England, in France, in Canada, in Australia, in Germany and across the European and Western worlds. We are living in secular democracies. We are living as a minority and we all understand that the laws of the land are based on sources that are not our sources. So what is the responsibility of Muslims living in Western lands vis-a-vis the laws found in the classical books and the rulings pertaining to any type of judgment that is of a penal nature ie: criminal law that are found in the Shari’a?” Complete video

Muslim scholars teach that implementing Islamic Law is a moral duty of Believing Muslim. Bilal Philips in Australia.

In 2017 the European Court heard a case where sharia law was applied to a disagreement between citizens of Greece who are Muslims.

Christian Concern (CC), a non-profit organization based in London, intervened in the case, “because of the importance of the case in European law and its implications for countries across Europe, including the UK,” according to a press statement by CC.

According to Dieppe, an estimated 85 sharia courts operate in the UK. “The use of Sharia has led to the promotion of parallel societies within the United Kingdom,”

Throughout Europe there are Shari’a law tribunals. Some experts will say “While there are undoubtedly lots of different councils and tribunals dealing with Shari’a principles, they aren’t courts of law. Most are Shari’a ‘councils’ set up to make decisions on purely religious matters, although there are some bodies that mix Shari’a principles with legally binding arbitration. But none can overrule the regular courts. However civilly undocumented marriages are performed when a second wife is taken.

The following are excerpt from Islam Q&A academic, educational and da‘wah website supervised by Shaykh Muhammad Saalih al-Munajjid, dealing with the topic of Muslims dealing with non-Islamic laws.

The statement that whoever does not judge according to what Allaah revealed is a kaafir, a zaalim (oppressor or wrongdoer) and a faasiq (sinner), as Allaah says: “. . . And whoever does not judge by what Allaah has revealed, such are the kaafiroon.” [aayah 44]; “. . . And whoever does not judge by that which Allaah has revealed, such are the zaalimoon (polytheists and wrongdoers)” [aayah 45]; “. . . And whoever does not judge by what Allaah has revealed (then) such (people) are the faasiqoon (rebellious or disobedient).” [aayah 47].

Referring for judgment to courts of man-made law which is contrary to sharee’ah is not permissible; the same applies to working in them and applying those laws among people.

The scholars of the Standing Committee for Issuing Fatwas were asked: What is the ruling on referring for judgment to American law in a dispute between Muslims, with regard to cases of divorce, commerce and other matters? 

They replied: It is not permissible for a Muslim to refer for judgment to man-made laws.

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