The Ruling on Saying “We Are Bound Not by the Shari‘a but by the Law”

Question

People who state in a court of law that they are bound not by the Muhammadan Shari‘a but by the general customary law of the landholders — what is the Shar‘i ruling on this denial of the Shari‘a by them? Especially since the court in the Punjab also decides property cases in accordance with the Muhammadan Shari‘a ﷺ. An envelope is enclosed for the reply.

Answer

If by such words the rejection and insult of the ruling of the Shari‘a is intended, this is kufr. But if a statement of fact is intended — that nowadays negligence in practice has reached the point that we have all abandoned adherence to the ruling of the Shari‘a and adopted adherence to the law in its place — then this is not kufr; moreover, such a statement corresponds to…

Source: Fatawa Mahmudiyya

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