Forms of circumventing the state's regulations
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What is the ruling in the Shari'ah on what many people do, selling the real estate they receive from the government to build on a piece of land to another person for a sum of money,Meaning: putting another person's name in place of their own, giving their name to someone else for a sum of money?
First: I do not think you should say to a person: "What is the ruling in the Shari'ah on this?" because a person cannot make everything he says Shari'ah; a person may make a mistake.So you either say: What is the ruling in the Shari'ah, in your opinion,Or you say: what is your opinion, or what do you say about such-and-such.
We say in answer to this question: If a person buys land in a nominal transaction and goes to the notary public and registers it in his name, then offers it to the Development Fund, and Allah the Exalted knows that this land belongs to someone other than the one who submitted it, and the owner knows that too, and the forger knows that too, is this lying or truth? It is lying, and lying is forbidden, and circumventing the state's regulations that do not contradict the Shari'ah by devious means is betrayal.
So;It is combined in this: lying, betraying the state, and circumventing its regulations; and the state's regulations, if they do not contradict the Shari'ah, must be observed;Because Allah says: [al-Nisa:59] .
So circumventing the state's regulations is like circumventing the Shari'ah of Allah Mighty and Majestic; because obeying the state in what is not forbidden is an obligatory matter by the command of Allah Mighty and Majestic, and some people's understanding or interpretation that the state is not to be obeyed unless Allah has commanded that specific thing is a mistake; because if Allah has commanded that specific thing, it becomes incumbent upon us, if it is obligatory, to do it whether the state commands us to or not,And we say: if Allah the Exalted has not commanded it in detail but has commanded it in general, then it is obligatory for us, the subjects who have pledged allegiance to our rulers, to obey them except in disobedience.
If they said, for example: Let your garments hang down to the ankles,We said: No.
If they said: Shave your beards.
We said: No.
If they said to us: Cut off your family ties.
We said: No.
And all praise is due to Allah, Lord of the worlds, and may Allah send prayers and blessings upon our Prophet Muhammad, and upon his family and his Companions, and those who follow them with excellence until the Day of Judgment.
First: I do not think you should say to a person: "What is the ruling in the Shari'ah on this?" because a person cannot make everything he says Shari'ah; a person may make a mistake.So you either say: What is the ruling in the Shari'ah, in your opinion,Or you say: what is your opinion, or what do you say about such-and-such.
We say in answer to this question: If a person buys land in a nominal transaction and goes to the notary public and registers it in his name, then offers it to the Development Fund, and Allah the Exalted knows that this land belongs to someone other than the one who submitted it, and the owner knows that too, and the forger knows that too, is this lying or truth? It is lying, and lying is forbidden, and circumventing the state's regulations that do not contradict the Shari'ah by devious means is betrayal.
So;It is combined in this: lying, betraying the state, and circumventing its regulations; and the state's regulations, if they do not contradict the Shari'ah, must be observed;Because Allah says:
O you who have believed, obey Allah and obey the Messenger and those in authority among you. And if you disagree over anything, refer it to Allah and the Messenger, if you should believe in Allah and the Last Day. That is the best [way] and best in result.
يَا أَيُّهَا الَّذِينَ آمَنُوا أَطِيعُوا اللَّهَ وَأَطِيعُوا الرَّسُولَ وَأُولِي الْأَمْرِ مِنْكُمْ فَإِنْ تَنَازَعْتُمْ فِي شَيْءٍ فَرُدُّوهُ إِلَى اللَّهِ وَالرَّسُولِ إِنْ كُنْتُمْ تُؤْمِنُونَ بِاللَّهِ وَالْيَوْمِ الْآخِرِ ذَلِكَ خَيْرٌ وَأَحْسَنُ تَأْوِيلاًSo circumventing the state's regulations is like circumventing the Shari'ah of Allah Mighty and Majestic; because obeying the state in what is not forbidden is an obligatory matter by the command of Allah Mighty and Majestic, and some people's understanding or interpretation that the state is not to be obeyed unless Allah has commanded that specific thing is a mistake; because if Allah has commanded that specific thing, it becomes incumbent upon us, if it is obligatory, to do it whether the state commands us to or not,And we say: if Allah the Exalted has not commanded it in detail but has commanded it in general, then it is obligatory for us, the subjects who have pledged allegiance to our rulers, to obey them except in disobedience.
If they said, for example: Let your garments hang down to the ankles,We said: No.
If they said: Shave your beards.
We said: No.
If they said to us: Cut off your family ties.
We said: No.
And all praise is due to Allah, Lord of the worlds, and may Allah send prayers and blessings upon our Prophet Muhammad, and upon his family and his Companions, and those who follow them with excellence until the Day of Judgment.
