Can Applying Statutes and Case Laws to Scenarios Be Sinful?
Hanafi Fiqh
Answered by Mawlana Ilyas Patel
Question
In a law degree, students are expected to apply statutes and case law to scenarios or write about them in essays. Is it sinful to apply such legislation and case law to scenarios?
How should one approach this if studying law, such as how to word answers, and so on?
Answer
In the Name of Allah, the Most Merciful and Compassionate.
I pray you are in good faith and health.
It is permissible to apply statutes and case laws to scenarios or write about essays while pursuing a law degree. You are studying law in a secular country, and you are learning how the legal system works with these laws; you are not enforcing them, and you are not required to believe in them from a theological standpoint.
Using and Studying Law to Protect Rights of Others
It is fine to study with the intention of using the law to protect people’s rights and not for non-shari’a purposes or cases such as usurping the rights of others, lying, and so on. Being a practising Muslim is not a passive act; it entails actively defending and upholding values such as justice and equality.
“O believers! Stand firm for Allah and bear true testimony. Do not let the hatred of a people lead you to injustice. Be just! That is closer to righteousness. And be mindful of Allah. Surely Allah is All-Aware of what you do.” [Quran, 5:8]
Related:
Law Archives
Taking a Muslim to Court Archives
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I pray this helps with your question.
Wassalam,
[Mawlana] Ilyas Patel
Checked and Approved by Shaykh Faraz Rabbani
Mawlana Ilyas Patel is a traditionally-trained scholar who has studied in the UK, India, Pakistan, Syria, Jordan, and Turkey. He started his early education in the UK. He went on to complete the hifz of the Quran in India, then enrolled in an Islamic seminary in the UK, where he studied the secular and ‘Aalimiyya sciences. He then traveled to Karachi, Pakistan. He has been an Imam in Rep of Ireland for several years. He has taught hifz of the Quran, Tajwid, Fiqh, and many other Islamic sciences to children and adults onsite and online extensively in the UK and Ireland. He taught at a local Islamic seminary for 12 years in the UK, where he was a librarian and a teacher of Islamic sciences. He currently resides in the UK with his wife. His interest is a love of books and gardening.
