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Not liking certain aspects of Shari’ah

Fatwaa ID: 1341

Question:
Assalamualaikum Shaykh
If a muslim does not like certain rulings of shariah for instance polygyny, men permitted to take slave girls, punishing apostates with death or any such ruling which is confirmed under islamic law.

Even though that person is not rejecting the validity of the ruling or denying that any of the ruling is part of shariah, but he/she believes that certain rulings like mentioned above are deemed as unfair/oppressive so should not be allowed in islam.

Individual with such an attitude as I described will he/she nullify his/her islam as a result and counted among kafirs or will he be among muslims if believes in sahadah but deems certain rulings as unfair/oppressive?

Answer:
In the Name of Allaah, the Most Gracious, the Most Merciful.
As-salaamu ‘alaykum wa-rahmatullaahi wa-barakaatuh.

Allaah Ta’aala says,

يَأَيُّهَا الَّذِينَ آمَنُوا ادْخُلُوا فِي السِّلْمِ كَافَّةً وَلَا تَتَّبِعُوا خُطُوَاتِ الشَّيْطَانِ إِنَّهُ لَكُمْ عَدُوٌّ مُبِينٌ
“O you who believe! Enter into submission, wholeheartedly, and do not follow the footsteps of Satan; he is to you an outright enemy.” [Al-Baqarah 208]


As a Muslim, it is incumbent upon us to believe and surrender to the Deen of Allaah Ta’aala completely, irrespective of whether we find ourselves understanding the reason or wisdom behind it or not. That is the meaning of Islam. That is the test of our submission. That is the demand of our shahaadah. We do not pick and choose what to believe or accept. We are not Muslims by convenience. Allaah Ta’aala warns us against this. He says,

أَفَتُؤْمِنُونَ بِبَعْضِ الْكِتَابِ وَتَكْفُرُونَ بِبَعْضٍ فَمَا جَزَاءُ مَنْ يَفْعَلُ ذَلِكَ مِنْكُمْ إِلَّا خِزْيٌ فِي الْحَيَاةِ الدُّنْيَا وَيَوْمَ الْقِيَامَةِ يُرَدُّونَ إِلَى أَشَدِّ الْعَذَابِ
“Is it that you believe in part of the book, and disbelieve in part? What then is the recompense for the one who does such from amongst you except humiliation in the life of the Dunya? And on the Day of Resurrection, they will be assigned to the most severe torment.” [Al-Baqarah 85]


Our thoughts, feelings and opinions are irrelevant when the Shari’ah has decreed something. See the following verse:

وَمَا كَانَ لِمُؤْمِنٍ وَلَا مُؤْمِنَةٍ إِذَا قَضَى اللَّهُ وَرَسُولُهُ أَمْرًا أَنْ يَكُونَ لَهُمُ الْخِيَرَةُ مِنْ أَمْرِهِمْ وَمَنْ يَعْصِ اللَّهَ وَرَسُولَهُ فَقَدْ ضَلَّ ضَلَالًا مُبِينًا
“It is not for any believer, man or woman, when God and His Messenger have decided a matter, to have liberty of choice in their decision. Whoever disobeys God and His Messenger has gone far astray.” [Al-Ahzaab 36]


Allaah Ta’aala is al-Hakeem, the All-Wise. Just as we trust Allaah Ta’aala for other things, it is also necessary that we trust him in matters that we find difficult to comprehend. Tawakkul is not restricted to material things, but it applies to all avenues of our lives including theological and legal issues. He, in His infinite wisdom and perfection, has decreed something and thus that decree will be wise and perfect as well. Due to our polluted minds and perhaps degenerate culture or environment, we fail to recognize that perfection and wisdom.


It is important to understand and accept that we are imperfect beings while Allaah Ta’aala is perfect. Our intellect is deficient and lacking. How can we then truly comprehend the intricacies and the wisdoms of the Perfect Being?


Islam is not about knowing, but rather accepting and submitting. Rasulullaah ﷺ said, “None of you can be (true) believers until his desires are subservient to that which I have brought.” It is possible that we will not feel comfortable with certain things, but it is necessary that we push and train ourselves to accept it and feel comfortable with it. This will come when a person is able to recognize who Allaah Ta’aala is.


To regard an issue of Shari’ah to be unfair or oppressive is kufr. Such translates to Allaah Ta’aala being unfair and/or oppressive. Allaah Ta’aala is free and pure from that.


How can something that He has decreed ever be unfair or oppressive? Is He not the one who has created everything and is thus entitled to do as He wishes? We belong to Him, and He has the right to decide as He wishes with us. Unfairness and oppression cannot even apply to Him logically. To strengthen our faith and give us relief, Allaah Ta’aala repeatedly reminds us in the Qur’aan that He is not unjust.


We advise you to sit with a competent scholar and try to understand the wisdom behind the issues you find difficult. There is nothing wrong with that. However, your acceptance of the matter must not be subject to that. Likewise, we advise you to perform two rak’ahs or make du’aa to Allaah Ta’ala asking Him sincerely to give you the ability to accept and be at comfort with all the aspects of Shari’ah.

And Allaah Ta’aala Knows Best.
Mufti Muajul I. Chowdhury
Darul Iftaa New York
askthemufti.us

11/25/1444 AH – 06/14/2023 CE | 394

وصل اللهم وسلم وبارك على سيدنا محمد وعلى ءاله وصحبه أجمعين

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