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Index » ISLAMIC POLITICS AND INTERNATIONAL AFFAIRS » Islamic Politics » Shari\'ah laws (5)

 
Fatwa No. : 82575
Fatwa Title : Establishing Islamic law in a multi-racial country
Fatwa Date : 10 Thul-Qi'dah 1421 / 04-02-2001
Question

Is it true? That the Islamic law (e.g. Hudood) can't be implemented in the multi-racial country where the government was held by the Muslim leader and the majority (58 percent) of the people were Muslim. (Like my country Malaysia).This was the opinion by the Ulama' in the government.

Fatwa

Praise be to Allah, the Lord of the Worlds; and blessings and peace be upon our Prophet Muhammad and upon all his Family and Companions.
The Muslim ruler must apply the Sharia Hudud ruling (Islamic law). He should not be lax in applying them regardless of the possible consequences. Indeed it is Allah who has prescribed these rules on His slaves and He knows what is good for them. Allah Says (interpretation of meaning): {Should not He Who has created know? And He is the Most Kind and Courteous (to His slaves) All-Aware (of everything).}[67: 14].
Allah is The Most Gracious, The Most Compassionate, So He does not order people to do what is bad for them or what can lead to perversion and depravation. Is there any act worse than killing people, oppressing them, stealing them, misrespecting their dignity, spoiling their transactions? No doubt, that disrupting the application of Sharia law increases the percentage of crimes and make the latter common normal things as seen in the world today, which has replaced Sharia by man-made law. This derived law is not based on any basis of truth or justice.
On the other hand if Islamic law, namely, Hudud is applied in a given country, it is applied on the Muslim citizens only. If a Muslim and a non-Muslim bring an affair in front of a judge, he should study it and give a fair decision allotting each one of them his full rights. Whenever non-Muslims have lived in a Muslim country but they have always been treated according to some special criteria. There are books of Fiqh that determine the Zimmi's (non-Muslim living in a Muslim country) rights in a Sharia applying state.

Allah knows best.

Fatwa answered by: The Fatwa Center at Islamweb
 
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