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Muslim person establishing non-Islamic laws

Answered as per Hanafi Fiqh by Muftionline.co.za

Q: I wanted to ask a question regarding aqeedah. As we recite in the Quran Kareem ما حکم الا لله so according to this ayah, if a person who is in a position to establish laws in a country and he does not enforce shariah rules; instead he enforces rules made by men, is he going against the نص and thus committing kufr by enforcing man made laws before Shariah?

Bismillaah

A: If he is going against the law of the Qur’aan on account of his personal weakness then this is not kufr as long as he understands the wrong to be wrong. It is like a person committing zina; he is not out of the fold of Islam though he is going against the command of Allah.

And Allah Ta’ala (الله تعالى) knows best.

Answered by:

Mufti Ebrahim Salejee (Isipingo Beach)

This answer was collected from MuftiOnline.co.za, where the questions have been answered by Mufti Zakaria Makada (Hafizahullah), who is currently a senior lecturer in the science of Hadith and Fiqh at Madrasah Ta’leemuddeen, Isipingo Beach, South Africa.

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