Professor of Shariat law
World of Al-Azhar University
Faculty of Sharia in Damanhur Branch general
We strive to provide opinions and fatwas in the shape of many steady steps on the road to readjustments of the wrong commentaries and strayed points of view about the texts of the Koran and the purposes of Shariat. A lack of comprehensive understanding of the integrated ideology of the book in some of the commentators represents a portion of numerous reasons for errors. Other reasons are represented by the short sighted understanding that is motivated by personal biased opinion (due to personal mood or desire) of the pioneer sheikhs. So to confront whoever uses the religion for personal gain motivated by his ignorance or evil violent nature, we are delighted to respond to the question we have received from Doctor Mohammad Omran. He requested a fatwa regarding; who has the right to apply the Shariat law contemporarily?
As an introduction to our response, we say; The Islamic shariat law should never be applied according to personal desire or according to the belief of a small group of individuals. Rather it is to be predominantly approved by the majority and under the provision of existence of a just ruler. These conditions are not currently present at this point in time. The world is now going through an era that is controlled by a group of hypocrites and forgers who fraud evidence using religion for personal gain. They crown themselves agents of God whilst God has nothing to do with them. However, they used this approach successfully with people who were raised on delusion and superstition. For centuries they were denied liberty, justice and basic human rights. These fake religious leaders have found a lucrative trade in religious myths and deception. History is the best witness for this since the era of succession until now. Saudi Arabia and Iran represent the best contemporary example. Both apply Islamic Shariat. However they are substantially contradictive to each other. They are also each other's worst enemies. Is there more than one god, each of whom has different Shariat? God forbid. Both countries apply the same shariat of the only God.
Saudi Arabia applies Shriat law only to the poor and the general public. They exclude the royal family's princes and the rulers, while they are the ones who do all the evil. The “Commission of the Promoting of Virtue and Preventing of Vice” would not dare to confront the rulers and the princes. It dominates and bullies the simple and the poor. Is there a greater corruption of the law?
Iran gives the Jurist the status of God. His orders are mandatory and to be obeyed. Millions of people can never object or even discuss as the Faqih is above all the state's institutions. He may dismiss the elected president of the people or any member of the parliament or even dissolve the whole parliament or legislative council. The Shariat law applied by the Iranian regime is one of the most oppressive - killing opposing citizens and forging election results.
Freedom of opinion does not exist either in Saudi Arabia or Iran. Could this possibly be the Shariat Law of God?
The Sunni citizen in Iran is oppressed, persecuted, denied his rights and treated as a second-class citizen. The Shiite citizen in Saudi Arabia is also treated this way.
I have met a number of these citizens in both countries, listened to many of them speaking about oppression and persecution which led them to refuge to western countries that don’t have an Islamic religion. They live there to escape these dominant dictators, extremists and religious traders.
These people are cursed in every book because they have traded in the name of religion to reach, keep in authority and indulge in the people’s wealth. They carry criminal ruthless attributes such as the domination and narcissism that know no compassion or mercy. They cover themselves in the religion for protection. Does this affiliate to the law of God? No and a thousand times moreover. They are liars and they have only hell as their destiny - not only them, but also whoever follows or supports them. The oracle of God in the verse 116 of Surat El Nahl applies to them: “Don’t say when your tongue describes lies that this is halal (permitted by God) and this is haram (illicit by God), lest u invent a lie against God”.
Conclusively, our opinion is; it is impossible to apply the Islamic Shariat law for the time being as we have looked at it from a practical point of view. Muslims have become divided into sectors and parties such as Sunni, Shiite, Alawi, Ahmadi, Sophie, Dorzi, Malki, Shafii, Hanbali, Hanafi and so forth. Considering this, if we apply the Islamic Shariat Law and if a judge, for example, is dissolving a contention between a Sunni and a Shiei or an Alawi or even between a Sunni and another Sunni - but one was Hanbaly and another Hanafy - which Shariat and which law will the Judge apply? Let alone if the country includes citizens from various religious backgrounds such as Christian, Jewish, Bahaii or Sabaii and so forth. This in itself is a sufficient reason to make the application of Shariat law impossible because Shariat law cannot apply to the non-Muslim.
Only God is behind the intent and the motive. God is our support.
Mufti
Sheikh Dr.\ Mustafa Rashid
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