What is the ruling on circumventing man-made laws, especially in commercial transactions, to obtain private interests?
Machine translationRead the Arabic original
The questioner : What is the ruling on circumventing man-made laws, especially in commercial transactions, to obtain a private interest that does not harm others?
The Shaykh : By Allah, this is a question that cannot be answered with a general response; because the matter may involve some form of betrayal. But if there is no betrayal involved, and it achieves an interest that does not contradict the Shari'ah, then we say: there is no obstacle, on the condition: that he guarantees that his action contrary to the law will not be discovered. If it is discovered, it harms the religion and the Shari'ah that this person who committed that act claims to adhere to.
For example, the issue of customs and smuggling. These customs are undoubtedly non-Shari'ah taxes, especially between one Islamic country and another. We are often asked: Is it permissible for a Muslim to smuggle goods and not pay the taxes on them? We say: If the man represents adherence to the religion and Islam, and he fears that if he is exposed, Islam will be disparaged, then it is not permissible in this case. But if he is an ordinary man and uses smuggling methods such that if he is arrested, the minds of the arresters do not turn to criticizing those who adhere to the Shari'ah, then it may be said that it is permissible.
The Shaykh : By Allah, this is a question that cannot be answered with a general response; because the matter may involve some form of betrayal. But if there is no betrayal involved, and it achieves an interest that does not contradict the Shari'ah, then we say: there is no obstacle, on the condition: that he guarantees that his action contrary to the law will not be discovered. If it is discovered, it harms the religion and the Shari'ah that this person who committed that act claims to adhere to.
For example, the issue of customs and smuggling. These customs are undoubtedly non-Shari'ah taxes, especially between one Islamic country and another. We are often asked: Is it permissible for a Muslim to smuggle goods and not pay the taxes on them? We say: If the man represents adherence to the religion and Islam, and he fears that if he is exposed, Islam will be disparaged, then it is not permissible in this case. But if he is an ordinary man and uses smuggling methods such that if he is arrested, the minds of the arresters do not turn to criticizing those who adhere to the Shari'ah, then it may be said that it is permissible.
Source
www.al-albany.com
The Arabic text is copied verbatim from the original source, without any edits.
