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MODERN MUSLIM WORLD

Module C
Modern Muslim World – Way Forward - A

Topic No. 12
The Rule of Law

o Aamir Yazdani
o University of Central Punjab
o Whatsapp: +92 3 33 42 36 501
o Email: aamiryazdani@yahoo.com
o Blog : www.aamiryazdani.blogspot.com
o YouTube: www.youtube.com/aamiryazdani
 
RULE OF LAW
 
As citizens we are not only bound wrt our
civic duties, the Quran too stresses as our
religious duty also to follow the rule of the
land.
 
Citizens take an oath to follow the
constitution.
 
 
 
• This directive was given to the Muslims when the Quran was being revealed
and the Prophet (sws) was present among them.
• Consequently, they had the opportunity to refer back all their disagreements
to him and through him to God whenever they wanted.
• Obviously, since the authority of God and His Prophet (sws) is eternal,
therefore in all affairs in which an eternal directive has been given by them,
in now incumbent upon those in authority, whether they are the rulers of
members of the parliament, to submit to them forever.
• The orders and directives of these rulers can only be carried out subsequent
to obeying God and His Prophet (sws), and only if they do not overrule or
exceed the limits adjudicated by God and His Prophet (sws).
• Therefore, Muslims cannot enact any law in their country which in contrary
to the Quran and Sunnah or without taking into consideration the guidance
these sources provide.
• It is evident from the context of the verse that the directive of
obeying those on authority mentioned in it relates to Muslim
rulers only.
• It does not relate to those who openly commit disbelief, are
rebellious to God and His messenger or forsake the religion of
God and practically adopt some other religion for themselves.
• Such people cannot demand obedience from the Muslims by
reciting this verse to them.
• The country’s laws have to be followed.
• Breaking the law not only means
breaking the civic law of the country but
also the word we have given to God.
Very small things which we
consider absolutely innocuous
should also be adhered to like
• following the traffic laws,
• maintaining the speed
limits,
• not texting while driving
etc.
If we think there is a clash between the
law of the land and our religious
beliefs, for instance Hijab in France,
breaching the law should not be
compromised.

We cannot breach the law and take the


law in our own hands and be part of
creating and spreading anarchy
anywhere we reside.

We have the right to argue with the


authority’s peacefully. This is basic
human right.
No law of religion is superior to the law of
the land.

If there is a form of clash we should leave


and migrate from that land.

We simply cannot breach the law.


Thus we find that the Prophet (sws) in his own times, once
reprimanded Sa‘d ibn ‘Ubādah (rta), one of his famous
companions that a husband cannot kill a person whom he finds
with his wife in a compromising position.
No person has been
He is reported to have told him that he has a greater sense of
given the right by Islam
honour than Sa‘d and that the Almighty has even a greater
to administer
sense of honour than the Prophet (sws).1
punishments stipulated
by Islamic law.
The implication being that the law cannot be taken into one’s
hands and proper procedure should be adopted.
He cannot take the law
into his own hands in
this regard.

If a punishment is to be
administered, it has to be
from state authorities.

1. Al-Bukhārī, Al-Jāmi‘ al-ṣaḥīḥ, vol. 6, 2511, (no. 6454).


Rule of Law!
Quran’s Stance on creating Mischief and
Corruption on Allah’s Land!
Spreading corruption on
Earth or spreading mischief is
called “Fasad” in Arabic. It means
rottenness, corruption.

In an Islamic context it can refer


to spreading corruption on
Earth or spreading mischief, or
disturbance of the public peace.

The spread of fasad is a major


theme in the Quran.
In chapter 5, verse
33 contains the
expression "to strive
mischievously in the
land" (yas'awna fi-l-
ardi fasadan).
 

Al-Baqara, verse 27
• Aamir Yazdani



UCP
YouTube: www.youtube.com/aamiryazdani
Blog : www.aamiryazdani.blogspot.com
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