Majed Jarrar

Praise to God alone.

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The question is regarding whether or not it is religiously obligatory to adhere to state laws. This is a very important question.

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All state laws are built upon the notion of serving public interest. Public interest is a secondary source of legislation in Islam, according to our - Hanbali - mathhab, Malikis and Hanafis. It is divided into three types:

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1. Inherent public interest: which includes all rulings that are religiously prohibited before they are banned for public interest. For example: The prohibition of using intoxicants, whether in the form of alcohol or drugs. This prohibition is a pre-existing condition that exists regardless of the public interest, hence it's irrelevant to discuss - for instance - whether abiding by driving under the influence is Islamic or not, because it's prohibited whether you're driving or not.

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2. Void public interest: Is when the public interest is claimed to clash against Islamic teachings. For example the ban on Niqab and beards in military-state-owned hotels, resorts and restaurant in Egypt. Since such laws are usually crafted to target Muslims, then they are always prohibited to obey. The question in discussion would be then: what is an acceptable level of sacrifice a person is allowed to endure as a consequence to disobeying such rules, and the response is that, as long as it does not jeopardize one's life. A woman who can afford a fine in France for wearing the niqab is obliged to keep it on, and only pay if she has to. Unfortunately, many Muslims are legally-illiterate when it comes to civil disobedience or defiance towards an unjust government.

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3. The loose stuff: This is the big grey area in the middle of the previous two, which includes basically anything that is not directly encouraged or discouraged in Islam, such as paying your parking meter. There is a thousand year old debate that is still heated on this matter among the scholars on whether a person is religiously sinful for breaking such laws. Be warned though: a scholarly debate is not an excuse for the laity to choose their own opinion. You should always consult with a scholar if you want to know whether something is permissible or not in Islam.

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I hope this gives you an introduction to the answer. If you are a fluent Arabic reader and wish to study it further, this section of Fiqh is called istiŝlaah (in texts prior to 8th Hijri century) or maŝaalih (in modern to contemporary texts).

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