If laws are in conflict with the Shari’ah, will following them be wajib?

Answered according to Hanafi Fiqh by Askimam.org

 

I wish to know the following:

 

1) if the governement has set a minimum wage level for workers in the country, is it allowed to hire anyone below that level?

2) many governements are working against child labour, will hiring someone below 18 years of age in an office or home will be allowed?

Since these kind of laws are not in conflict with Sharia’h so shouldn’t following them be wajib?

 

Answer

In the Name of Allah, the Most Gracious, the Most Merciful.

As-salāmu ‘alaykum wa-rahmatullāhi wa-barakātuh.

In principle, Muslims living in  non-Muslim countries should live as loyal and law abiding citizens and co-operate with the government and its administration. They should take advantage of the rights of freedom of religion and practice on Islam to the best of their ability. If there any laws inconsistent with Shariah, they cannot follow such laws. They should use the avenues available to them in law to excuse themselves from such laws.

The minimum wage law is meant to empower labourers and avoid exploitation. This is consistent with Shariah. The restriction of child labour is to preserve the interests of children. Such a restriction is also consistent with Shariah.

Accordingly, Muslims living in non Muslims countries cannot violate the minimum wage level and child labour laws.

 

And Allah Ta’āla Knows Best.

Syed Haneef Ahmed

Student Darul Iftaa

New York, U.S.A

Checked and Approved by,

Mufti Ebrahim Desai.

 

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