:|: Time for Hijrah :|:
:|: Where to Make Hijrah? :|:
:|: Land of Islam vs Land of KUFR :|:
:|: ‘Muslims’ in Kuffar’s Mindset :|:
:|: ‘Muslims’ Following Kuffar’s Deen :|:
:|: ‘Muslims’ obeying Kuffar’s Shariah :|:
:|: Land of ISLAM vs Land of KUFR – Evaluating the STATUS of Muslim-populated lands – (2) The Criteria – CONSTITUTIONAL analysis :|:
Bismillah! Al Hamdulilah!
Wa AsSalatu AsSalamu A’ala Rasulillah!
AsSalamu Alaikum Wa Rahmatullahi Wa Barakatuhu
We are examining Muslim-majority countries to find a Land of Islam. For this reason, as a first attempt, we will narrow down the list using an elimination process by applying the following criteria :
CONSTITUTIONAL ANALYSIS:
We will review the constitutions and legal frameworks of those Muslim-majority countries to determine their official status regarding Islam and we will check the following:
(1) Does the Constitution enforce/ impose SECULARISM?
If yes, that’s KUFR.
Why is it Kufr?
Because “secularism is a concept/ (an idea/ a principle/ a religion/ a way of life) that seeks to ensure that religion does not dominate public life or dictate government policies.” (www.secularism.org.uk)
Meaning, it separates religion from state affairs.
Thus the intention of enacting secularism in the constitution is to keep religion out of the affairs of the government. By doing that they REJCT the Shariah law and guidelines of Islam for managing government affairs. That’s why it is Kufr.
The countries those who fall into this criteria are those which declare any of the following in their constitutions:
(1) It is a ‘secular’ state
(2) It is a ‘neutral’ state in regards to religion
(3) The state ‘separate’ politics from religion
These clauses illustrate the secular principles embedded in the constitutions of these countries, despite the varying contexts and interpretations.
(2) Does the Constitution declare the Sovereignty of the people instead of Allah, Al-Malik?
If yes, that’s KUFR.
Why is it Kufr?
Because, Allah, Al-Malik is the sovereign, not the people. As Allah said,
“Say: “To Allah belongs all intercession. His is the Sovereignty of the heavens and the earth, then to Him, you shall be brought back.”
(Sura Zhumar 39:44)
(3) Does the constitution adopt part of the Shariah Law (for example, family law) and adopt Kuffar’s Law in other areas (for example, Civil law)?
If yes, that’s KUFR.
Because by replacing Shariah law in some aspects they rejected Shariah Law in other aspects. Thus they commit Kufr as Allah said,
“Indeed, those who disbelieve in Allah and His messengers and wish to discriminate between Allah and His messengers and say, “We believe in some and disbelieve in others,” and wish to adopt a way in between – Those are the disbelievers, truly. And We have prepared a humiliating punishment for the Kuffar.”
(Sura Nisa 4:150-151)
(4) Does the Constitution enact any law contradicting Shariah Law?
If yes, that’s KUFR.
Because Allah said,
“Indeed, those who do not judge by what Allah has revealed are the Kuffar.”
(Surah Al-Ma’idah 5:44)
(5) Does the Constitution adopt Democracy as a means to allow people to make their own laws?
If yes, that’s KUFR.
Because, Democracy is a concept/ idea/ religion/ a way of life which intends to give legislative power to people to make their own law, thus the intent of democracy is to reject Shariah Law, which is Kufr.
(6) Does the Constitution mention Shariah as the ‘Main’ or ‘Principal’ Source of the Legislation?
If yes, that’s KUFR.
Because, taking Shariah as the ‘Main’ or ‘Principal’ source for legislation means there remains the scope to insert laws from other sources as well. Therefore, by the intent they already made the way to bring/ source Laws from other than Shariah law, which is Kufr.
Reference:
“Making sharee‘ah a secondary or main source, along with other sources of law. Even when they say that sharee‘ah is the primary source of legislation, this is still KUFR AKBAR, because it means that they are allowing the adoption of laws from other sources too.”
Source: Sheikh Muhammed Salih Al-Munajjid, Hafizullah!
https://islamqa.info/en/answers/974/the-kufr-of-one-who-rules-according-to-other-than-what-allaah-revealed
Therefore, a constitution having any of the above criteria (as mentioned in 1-6) makes a land/ country as a LAND of Kufr.
References:
Imaam Abu Yoosuf may Allah have mercy upon him who was Abu Haneefah’s disciple, said:
“A place is considered Daarul Islam when there is a manifestation of the Islamic law in it even if most of its dwellers are not Muslims.
And a place is considered Daarul Kufr when there is a manifestation of non-Islamic laws in it even if most of its dwellers are Muslims.”
[Al-Mabsoot written by As-Sarkhasy: 10/144]
Moreover, Imam Ibn Al-Qayyim may Allaah have mercy upon him said:
“Daarul Islam is the place where Muslims have settled down and where the rulings of Islam are applied.
And any place where the Islamic rulings are not applied is not considered Daarul Islam even if it is adjacent to it.”
[Ahkaam Ahludh-Dhimma: 1/266]
In addition to the above evidences against the reasons for a country/ land being in Kufr for having any of those criteria (as mentioned in 1-6) in its constitution are referenced in the linked Fatwa below regarding all the issues:
And Allah knows best.
May Allah grant us a land where we will have the security and safety of Deen and Dunya.
May Allah make our Hijrah easy. Ameen.