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Last Update: 04:16 GMT, Wednesday, Nov. 25, 2009

Living Shari`ah > Fatwa Bank

 

Question and Answer Details

Name of Questioner

Hani   - Canada

Title

Muslims' Implementing Shari`ah in the West

Question

Dear scholars, As-Salamu `alaykum. Following the Islamic Awakening, Muslims everywhere are calling for the implementation of the Shari`ah, or Divine Law. Should we as Muslims living in the West call for its implementation too, at least for those matters concerning us (family law, etc)? And where do we draw the line between the private and the public? For example, should we campaign against abortion, homosexuality, or focus instead on having our halal meat and slaughter our animals in the `Eid days? Jazakum Allah khayran.

Date

28/May/2003

Topic

Relations during Peace

Answer

Wa `alaykum As-Salamu wa Rahmatullahi wa Barakatuh.

In the Name of Allah, Most Gracious, Most Merciful.

All praise and thanks are due to Allah, and peace and blessings be upon His Messenger.

Dear brother in Islam, we would like to thank you for the great confidence you place in us, and we implore Allah Almighty to help us serve His cause and render our work for His Sake.

There are many religious duties for a Muslim who lives in the West. Being a minority, Muslims living in the West cannot demand for the application of Shari`ah. It is, however, their duty to call the Westerners to Islam. Also, Muslims living in the West can demand that in family affairs like marriage, divorce and estate division, they want Shari`ah to be applied. Furthermore, they can call for anything that benefits the whole society such as banning abortion, homosexuality and lesbianism or the like.

As regards your question, the following is the fatwa issued by Sheikh Faysal Mawlawi, deputy chairman of the European Council for Fatwa and Research:

Being a minority, Muslims living in the West cannot demand for the application of Shari`ah. It is, however, their duty to call the Westerners to Islam. If the number of Muslims there increases, then they may one day be able to call for the application of Islamic Shari`ah.

However, Muslims in the West can demand that in family affairs like marriage, divorce and estate division, they want Shari`ah to be applied, for this is a clear-cut issue relating to human rights that are always championed by Westerners themselves. As we know, one of the unique features of the Muslim state is that, while applying the Islamic Shari`ah in full, it gave the chance to non-Muslims living inside the Muslim state to act in accordance with their own religions in matters relating to family law. However, in other issues, all citizens of the Muslim state are subject to one law based on Shari`ah.

Naturally, a Muslim living in the West can call for anything that benefits the whole society such as banning abortion, homosexuality and lesbianism or the like since such matters are prohibited in Islam and there are people among Westerners themselves calling for banning such matters.

You can also read:

Duties of Muslims Living in the West

Two Levels of Backing Oppressed Muslims

How Should Muslims in the West Deal with the Iraqi Crisis?

Allah Almighty knows best.

 

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