Shariah Law – Advice to American Muslims from Amjaonline

July 24, 2011 by Leave a Comment

AMJA represents the highest Islamic authorities in North America.  The members hold  a Ph.D. in Islamic Shari’ah.  They have the power and authority to issue

“. . .fatawa (religious formal opinions or rulings) pertaining to the cases and queries submitted to the Assembly according to the rulings of Shari’ah.”  In addition, the AMJA, conducts “. . .lawful researches and studies on the circumstances of Muslims in the American society and the economic, social, intellectual, and educational problems Muslims recently face in such a community so as AMJA manifests their suitable juristic solutions and supervise their application.”  Amjaonline

In the excerpt below taken from the AMJA website one of the experts in Islamic Shariah is telling American Moslems to follow American law only when doing so does not contradict the principles of Shariah.

You will find this posted at: http://amjaonline.com/en_f_details.php?fid=3370  (minus the highlighting)
Fatwa

All praise be to Allah, and may His peace and blessings be on the greatest messenger, Muhammad.

As for your question about the local laws that are not in conflict with the share’aah, they must be respected particularly when they agree with the objectives of sharee’ah such as the seat belt, speed limit and such laws that aim to preserve life and property.

As for the income tax, and such laws that are not consistent with the sharee’ah (taxes are considered by many not consistent with the US constitution either), it is different. A Muslim will follow such laws to avoid the bigger harm to himself and his community, and based on the balance of benefit and harm, it is prescribed for him/her to abide by such laws. (Taxes are generally forbidden in Islam with some exceptions in certain cases)

The difference between the first and second groups of laws is that with the first group, you abide by them while inwardly respecting them. The second may not be respected or valued inwardly because they conflict with the sharee’ah.

The issue of polygamy (polygyny) is a complex one, but those are some guidelines:

  • Polygamy is halal in Islam and may be highly recommended when the number of females is bigger than that of males to afford all females a decent life that suffices their physiologic, emotional and other needs. The US law about polygamy is against the Islamic law, for no one can make prohibited that which Allah specifically made allowable. (the permissible on the basis of textual proof vs. the permissible on basis of the presumption of permissibility until proven otherwise)
  • Many Muslims abuse the legislation of polygamy and practice it in ways that bring a bad reputation to it.
  • A Muslim should not subject himself, family or community to harm.
  • You may ask a legal expert whether the undocumented marriage is illegal. You hear about many celebrities having extramarital affairs, and they do not get prosecuted!
  • The person who attempts to do anything may need first to ensure its legality to spare himself and his/her community all kinds of harm.
  • He may also consider the interest of the second partner and her children from him and whether they will suffer because of his actions.

Allah knows best.
Filed Under: Freedom, Government, Shariah Tagged With: , ,

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