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If someone made an agreement to do something haram, can they break that agreement?

Answered as per Hanafi Fiqh by Qibla.com

Answered by Ustadha Shaista Maqbool

If a person makes a promise to, or makes an agreement with, someone to do something haram, such as sell them alcohol or work for them as a bank teller, dancing girl, etc., is one required to honor the agreement even if one decides to make tawba from those haram acts?

When asked by a friend about this, I quoted the hadith which says, “There is no obedience to the created when it entails disobedience to the Creator”, but another person present said that by honoring the “ahd” (i.e. agreement) one is obeying the Creator and the honoring of the “ahd” takes precedence, at least chronologically, over absolute tawba (i.e. when one not only repents in the heart, but also physically from, an act).

Who is correct? What is the answer to this question?

Answer:
In the Name of Allah, Most Gracious, Most Merciful

In the name of Allah, Most Compassionate, Most Merciful,

As-Salamu alaykum,

To say that honoring the ‘ahd’ or agreement is honoring the Creator is true. However, it is only in that which is lawful. It is flawed logic to say that honoring all agreements is from obedience, regardless of the permissibility or prohibited nature of the agreed upon. This would allow one to commit any act of disobedience – from drinking wine, fornication, murder, etc. – if one only made a contract to do so!

Moreover, a contract to do something unlawful is not considered a valid contract to begin with, so the question of honoring it isn’t even considered. The narration you provided, “There is no obedience to the created when it entails disobedience to the Creator,” (which is narrated by many of the imams of hadith, Ahmad (with this wording) as well as Abu Dawud, Tirmidhi, and others) is enough to show the misgiving of claiming one must fulfill all ‘agreements’. The Prophet, peace and blessings of Allah upon him, said this in reference to obedience to the ruler or leader. Keeping in mind the severe gravity of disobeying the ruler, it is yet a greater sin to obey him in that which entails disobedience to Allah. Hence, in the case of obeying someone other than the leader, this rule becomes even more apparent.

Wassalam,

Shaista Maqbool

This answer was indexed from Qibla.com, which used to have a repository of Islamic Q&A answered by various scholars. The website is no longer in existence. It has now been transformed into a learning portal with paid Islamic course offering under the brand of Kiflayn.