As Salaamu Alaikum,

Question:

Hello, I am not sure where to ask Fatwahs, so I hope it’s ok to do it here. In a hypothetical scenario, if a Muslim was to immigrate from a Muslim country that has a law prohibiting alcohol, adultery, etc in accordance with Shariah, to a country with man-made laws that allow such things, because he wants  to sin, is this considered seeking judgement from Taught like in 4:60? Since he is trying to get past the Sharia ban of such things by going to a country with man-made laws that allow those things?

Obviously this is sinning, but would he be like the hypocrite, who in the context of 4:60, ignored the Prophet’s ruling and went to another judge because of his desires? Also, would this be like not judging by what God has revealed like in 5:44 that makes one an unbeliever?

Wa Alaikum As Salaam,

Answer:  حامدا  و مصليا و مسلما

Firstly, one must note that as Muslims, we do not categorize or call anyone as an outright hypocrite. Since, only revelation from Allah (Almighty) can inform us of such, which came to an end upon the demise of our Prophet Muhammad (Sallalaahu Alaihi Wa Sallam ). Additionally, hypocrisy is a matter of the heart which we cannot see through to pass a judgement,

Secondly, verse 60 of Surah Nisa speaks about those hypocrites who chose to go for a judgement from other that Allah (Almighty) and his Prophet (Sallalaahu Alaihi Wa Sallam) . This cannot be exactly equalized to a person wanting to migrate from a Muslim country to a Non-Muslim country in order to commit sins. The most one can say is that such immigration is completely sinful and falls under following one’s baseless desires and giving preference to the man-made laws above the laws of Allah (Almighty).

Thirdly, verse 44 of Surah Maidah which categorizes people as infidels, are those who adjudicate and pass a judgement contrary to the divine revelation due to denial or disbelief in the divine law. However, if one has faith in the divine law, yet passes a judgement contrary to it, then he will be considered as an infidel in action, or his actions will be regarded as hypocritical, not that he now becomes an unbeliever by disbelief or an actual hypocrite.

Therefore, if one believes in Allah (Almighty) and his Messenger (Sallalaahu Alaihi Wa Sallam), yet chooses to leave a Muslim country in order to fulfill his desires and commit sins, then this will not make him an unbeliever or a hypocrite. At most, his actions will be considered as completely sinful and hypocritical, since his actions does not conform to what he is instructed to do and contradicts what is required by his faith.

And Allah Almighty knows best.

 

 

 

 

 

 

References

 

  1. The Noble Quraan: Vl: 1, Pg: 354/ 481-482, Darul Isha’at, 2008.
  2. Ahkaamul Qur’aan: Vl: 1, Pg: 676, Idaaratul Quraan, 1413,
  3. Ibid: vl: 2, Pg: 60.
  4. Fatawah Mahmoodiyah: Vl:2, pg: 316-317, Darul iftaa Jamiah Farooqiyah.
  5. Fatawah Qasmia: Vl:1, Pg: 466-468, Maktabah Ashrafiyah, 1437.

 

Written by: (Mufti) Usaamah Mohammed

Checked and approved by: Mufti Waseem Khan

07/09/2022