Having a mixed committees of Shareeah and Secular experts to resolve trade disputes could lead to replacing (Istibdal) of the pure Shareeah. [From the Fatawa of Shaykh Muhammad Ibrahim Aal Shaykh (rahimahullah)] In his Fatawa v12 p 262-263, Shaykh Muhammad Ibrahim Aal Shaykh has a letter send to the minister of commerce and production (Tijarah and Sana’ah), and he objected that in a body set by the ministry to arbitrate dispute about products between producers and consumers, there would be experts of man-made laws with experts of religious laws. Shaykh Muhammad ibn Ibrahim said: “I thank the minister for this explanation except that what I object to, and what all Muslims object to, and I wrote about it to his eminence the King and I spoke directly to him many times, is the matter of selecting the members of the man-made laws (Qanuniyin) with the members of religious laws (Shar’iyin) in this body, as it is told in the letter sent to the members. And selecting the members of the man-made laws (Qanuniyin) with the members of religious laws (Shar’iyin) means sharing (Ishtirak) in rulings that will be emitted in the name of conciliation and signing from the side of the Qanuniyin and Shar’iyin. And this without doubt makes these rulings submitted to the opinions of these Qanuniyin in the same manner as it is submitted to the opinions of the Shar’iyin, and there is in this equating between the Sharee’ah and the man made Laws (Qawaneen Al-Wad’iyah) and opening the door to judging with man made laws (Al-Qawaneen Al-Wad’iyah) and replacing (Istibdal) of the pure Sharee’ah Al-Islamiyah with them (man made laws), and this is something that the Imam of the Muslim, may Allah protect him, and every Muslim truthful in his Islam rejects, as by judging by other than the Sharee’ah among the people, it means Al-Kufr and exiting from Islam (Khuruj minal Islam), and protection is sought from Allah!... This fatwa was signed on 23/10/1388, 11 months before the death of the Shaykh. via Brother Ali Hassan Khan
Posted on: Wed, 20 Aug 2014 10:58:42 +0000
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