[Q 379] Breaking Unjust Laws: Islamic Perspective

Question

Do we get a sin if we break a “stupid” law, such as laws prohibiting criticism of Israel, Canada’s laws against misgendering someone, or laws restricting self-defense?

بسم الله الرحمن الرحيم
الجواب بعون الملك الوهاب اللهم هداية الحق والصواب

Answer

If there is a risk of legal repercussions in a country for opposing an oppressive state, one must adopt methods of dissent that comply with the country’s laws.
Any laws that do not contradict Islamic principles and in the case of not complying with them leads to disgrace must be followed. Violating such laws is tantamount to exposing oneself to disgrace and exposing oneself to disgrace is impermissible and sinful.

The Prophet Muhammad (صلى الله عليه وآله وسلم) said:

“منْ أَعْطَى الذِّلَّةَ مِنْ نَفْسِهِ طَائِعًا غَيْرَ مُكْرَهٍ فَلَيْسَ مِنَّا”

“Whoever willingly and without compulsion submits themselves to humiliation is not from us.”

(Al-Targheeb wa at-Tarheeb, Vol. 2, p. 244, Dar ul-Fikr, Beirut)

Sayyidi A’la Hadrat Imam Ahmad Rida Khan (رحمه الله) states:
“Committing an act that is legally prohibited and considered a crime is also impermissible in Shari’ah. Because exposing oneself to punishment and disgrace by violating such laws is not allowed in Islam. Indeed it has come in a Hadtih, from the The Prophet (صلى الله عليه وآله وسلم) that it is prohibited for a believers that present himself at a place of disgraces.”

(Fatawa Ridawiyyah, Vol. 20, p. 192, Raza Foundation, Lahore)

Answered by: Arif Raza Madani (Ask Mufti Scholar)
Verified by: Mufti Sajid Attari
Translated answer
Date: 5th December 2024