Erbash: There are contradictions between the Sharia laws and state laws

Erbash: There are contradictions between the Sharia laws and state laws

Head of Turkey’s Directorate of Religious Affairs (Diyanet), professor Ali Erbash stated that there was a difference between current state laws and Sharia laws, and that they were not in harmony with each other. Stormy reaction in mass media caused by Supreme Religious Council’s fatwas that contradict secularist state laws motivated Ali Erbash to discuss it at the session of the Fatwa Council of Eurasian Islamic Union. According to Erbash, there is a difference between the fatwas issued by the religious council and state laws; i.e. what is permitted in one of them might be prohibited (haram) in another one. “Some acts permitted by the state laws might be prohibited from the perspective of religion. For example, the issue of lending money at interest (usury). In the state laws, it is permitted act (i.e. halal). However in Islam – it is categorically prohibited. The same with alcohol, gambling, lottery.., etc. Their prohibition is clearly stated in Quran. If prohibiting fatwas are issued regarding these issues, then some start to oppose those fatwas. Some things that the state allowed (halal) are prohibited (haram) from the perspective of the religion. Therefore, I would like that the people regard fatwas issued by the Supreme Religious Council in view of this situation”, the Head of Diyanet said responding accusations of people who are against fatwas that prohibit acts allowed by the state. He noted that the Shariah provisions are based on Quran, on Sunnah of the Messenger of Allah (peace and blessing of Allah be upon him), on Ijma’ (consensus of the companions), and Kiyas (analogic comparison), but not on secularist laws. “Especially some people criticize, “How can you prohibit or allow things or acts that the state allowed?!” Here, the sources that our council and people competent to issue fatwas base upon are Quran, Sunna, Ijma’ and Kiyas. In addition, we have madhhabs”, Ali Erbash underlined. The Head of the Directorate of Religious Affairs concluded his speech with an ayat from Quran: أَفَحُكْمَ الْجَاهِلِيَّةِ يَبْغُونَ وَمَنْ أَحْسَنُ مِنْ اللَّهِ حُكْمًا لِقَوْمٍ يُوقِنُونَ “Do they desire judgment according to the Law of Ignorance? But for those who have certainty of belief whose judgment can be better than Allah’s?”. (5:50)

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