Support or Opposition of the Shariah Bill? Position in the Light of Qur’an and Hadith
Source: Aḥkām wa Masā’il fī Ḍaw’ al-Qur’ān wa al-Ḥadīth, Vol. 01, p. 562
Question
What do the scholars say regarding the ongoing national debate concerning the Shariah Bill? According to reports in newspapers, this bill is neither final nor can it be called the true Sharī‘ah. Those who oppose it are often labeled as disbelievers, hypocrites, or sinners. How should one approach the support or opposition of this bill?
Furthermore, the statements of some scholars differ:
◄ An Ahl-e-Ḥadīth scholar said: “We tolerated English law for a hundred years, so why can we not tolerate the Ḥanafī fiqh for a short time?”
◄ Another said: “We have removed fiqh from it.”
◄ Another scholar said: “This much fiqh makes no difference.”
◄ A Deobandi scholar stated: “We cannot fully practice the Qur’an and Hadith.”
Thus, the question is: From which perspective should the Shariah Bill be supported or opposed?
Answer
Al-ḥamdu lillāh, waṣ-ṣalātu wa as-salāmu ‘alā Rasūlillāh, ammā ba‘d!
There are several matters in the Shariah Bill that directly contradict the true Sharī‘ah; therefore, it is not correct to endorse or support such matters.
◄ English law was and remains the law of the English. Neither Ḥanafīs nor Ja‘farīs ever considered it Islam, and in shā’ Allāh they never will.
◄ However, those who regard Ḥanafī fiqh or Ja‘farī fiqh as Islam have always existed and still do, even though in reality these are not Islam.
◄ In some aspects, these laws do include certain Islamic teachings.
◄ English law was imposed upon the people by force, and it is still enforced in the same way. In contrast, with the Shariah Bill or Ḥanafī or Shī‘ī fiqh, people’s opinion is being sought and taken.
◄ Hence, comparing Ḥanafī or Ja‘farī fiqh with English law is absolutely incorrect.
As for those who say that Ḥanafism or Ja‘farism has been removed from the Shariah Bill, this is not correct. Read the Shariah Bill again carefully, and in shā’ Allāh, the reality will become clear.
You mentioned that a Deobandi scholar said: “We cannot fully act upon the Qur’an and Hadith.”
Such elders should be asked: If that is the case, then why did Allah ﷻ and His Messenger ﷺ command us to follow the Qur’an and Hadith?
Allah ﷻ says:
{لاَ یُکَلِّفُ اﷲُ نَفْسًا اِلاَّ وُسْعَہَا}
[Al-Baqarah 286, P3]
“Allah does not burden any soul beyond its capacity.”
They should also be asked: Are they themselves fully acting upon Ḥanafī fiqh, or are they even able to do so? The clear answer is no. Therefore, they should also abandon their demand for the enforcement of Ḥanafī fiqh.
ھذا ما عندي والله أعلم بالصواب
