Home » Hanafi Fiqh » Askmufti.co.za » Government Enforcing Islamic Law

Government Enforcing Islamic Law

Answered as per Hanafi Fiqh by Askmufti.co.za

Q: 1. The Taliban government in Afghanistan from 1996-2001 would force men to pray, grow beards, wear trousers above ankles etc and punish those who did not. Was it right for them to have done this? Is it the duty of the Islamic government to forcefully make people pray, grow beards etc?

2. Is jihad against America farz ain (individual obligation) or farz kifaya (collective obligation) on the Afghan people?

A: 1) It is permissible and in fact necessary for an Islamic government to force people to abide by the laws of Shariah. However, in view of the state of people’s iemaan nowadays, a Muslim government should first use wisdom and tact in coaxing people towards abiding by Shariah. Gradually forceful methods to achieve this could be phased in. The Islamic government has got all the right to implement punitive measures to compel its subjects to abide by Shariah. Today Western and non-Muslim governments imprison their citizens when they don’t pay taxes or if they commit treason. In Islam practicing on Shariah is far more important than taxes, and violating Shariah is worse than treason

2) For the Afghan people the jihad against America is farz-e-ayn, since their land has been invaded by these American Kuffar. In an invasion, all Muslims in the country need to take up arms and repel the enemy.

And Allah Ta’ala knows best

Mufti Siraj Desai

This answer was collected from AskMufti.co.za, which is operated under the supervision of Mufti Siraj Desai of Darul-Uloom Abubakr, South Africa.

Read answers with similar topics: