Preferring the Court’s Ruling to the Ruling of the Shari‘a

Question

Hind appointed an arbiter and sent him to Zayd; he explained a great deal to Zayd, but it had no effect on Zayd. The arbiter told Zayd to settle according to the Shari‘a and demanded maintenance. Zayd replied, “A Shar‘i settlement happens when the Shari‘a is acted upon; in that state maintenance and dower can be given — but in the new civilisation, where are maintenance and dower?” The arbiter asked Zayd, “Do you believe in Allah, the Messenger and the Qur’an?

Answer

The words Zayd said are extremely grave, and the words Bakr said are even more dangerous: by such words iman departs. Hence for both Zayd and Bakr renewal of iman and renewal of marriage are obligatory as a precaution. [ar]إِذَا قَالَ الرَّجُلُ لِغَيْرِهِ: حُكْمُ الشَّرْعِ فِي هَذِهِ الْحَادِثَةِ كَذَا، فَقَالَ ذَلِكَ الْغَيْرُ: «من برسم کار می‌کنم نه بشرع»

Source: Fatawa Mahmudiyya

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