May a Muslim Swear Allegiance to a Constitution That Prevails Over Religious Law?
Answered by Shaykh Faraz Rabbani
Question
How is it for a Muslim to take an oath of allegiance to the supremacy of the Constitution, if one of its implications is that if religious law and the Constitution ever clash in a matter, the Constitution will prevail, or that in law and order, no religion is above the Constitution?
Answer
In the Name of Allah, the Merciful and Compassionate.
walaikum assalam,
I hope you’re doing well, insha’Allah.
When you take this oath of allegiance, are you declaring the Constitution truer than the law of Allah, or promising to live within your country’s legal order? It is the second: you’re simply committing to follow the laws of the country and not to betray it wrongly. An oath of that kind is permitted.
Two Kinds of Allegiance
Absolute, unconditional allegiance belongs to Allah and His Messenger (Allah bless him and give him peace) alone. To hold a man-made law better than Allah’s command would touch faith itself, and the oath does not ask that of you.
Customary, worldly allegiance is relative. It accepts that the constitution governs the state’s courts and public order and promises not to work against it.
The Prophet (Allah bless him and give him peace) set the limits of such allegiance: “Hearing and obeying are due from the Muslim in what he likes and dislikes, unless he is commanded to disobey; if he is commanded to disobey, there is no hearing and no obeying.” [Bukhari] Take the oath with that limit in your heart.
Keep the Word You Give
Allah Most High says: “And keep covenants well: Verily all covenants shall be asked about.” [Quran 17:34; Keller, The Quran Beheld]
And Allah knows best.
Faraz Rabbani
Related Answers
One. Is It Permissible to Swear an Oath of Allegiance to a Country? — Mawlana Ilyas Patel: Absolute allegiance is to Allah, and a conditional, worldly allegiance to the laws of the land.
Two. Pledging Allegiance to Gain Citizenship — Shaykh Abdul-Rahim Reasat: Pledging allegiance to a non-Muslim state is not shirk, and can be worship with the right intention.
«النصوص» · Source-Texts
[صحيح البخاري]
السَّمْعُ وَالطَّاعَةُ عَلَى الْمَرْءِ الْمُسْلِمِ فِيمَا أَحَبَّ وَكَرِهَ، مَا لَمْ يُؤْمَرْ بِمَعْصِيَةٍ، فَإِذَا أُمِرَ بِمَعْصِيَةٍ فَلَا سَمْعَ وَلَا طَاعَةَ
[ابن عابدين، رد المحتار]
وَاَلَّذِي تَحَرَّرَ أَنَّهُ لَا يُفْتَى بِكُفْرِ مُسْلِمٍ أَمْكَنَ حَمْلُ كَلَامِهِ عَلَى مَحْمَلٍ حَسَنٍ
Shaykh Faraz Rabbani is a recognized specialist scholar in the Islamic sciences, having studied under leading scholars from around the world. He is the Founder and Executive Director of SeekersGuidance.Shaykh Faraz stands as a distinguished figure in Islamic scholarship. His journey in seeking knowledge is marked by dedication and depth. He spent ten years studying under some of the most revered scholars of our times. His initial studies took place in Damascus. He then continued in Amman, Jordan. In Damascus, he was privileged to learn from the late Shaykh Adib al-Kallas. Shaykh Adib al-Kallas was renowned as the foremost theologian of his time. Shaykh Faraz also studied under Shaykh Hassan al-Hindi in Damascus. Shaykh Hassan is recognized as one of the leading Hanafi jurists of our era. Upon completing his studies, Shaykh Faraz returned to Canada in 2007. His return marked a new chapter in his service to the community. He founded SeekersGuidance. The organization reflects his commitment to spreading Islamic knowledge. It aims to be reliable, relevant, inspiring, and accessible. This mission addresses both online and on-the-ground needs. Shaykh Faraz is also an accomplished author. His notable work includes “Absolute Essentials of Islam: Faith, Prayer, and the Path of Salvation According to the Hanafi School.” This book, published by White Thread Press in 2004, is a significant contribution to Islamic literature. His influence extends beyond his immediate community. Since 2011, Shaykh Faraz has been recognized as one of the 500 most influential Muslims. This recognition comes from the Royal Islamic Strategic Studies Center. It underscores his impact on the global Islamic discourse. Shaykh Faraz Rabbani’s life and work embody a profound commitment to Islamic scholarship. His teachings continue to enlighten and guide seekers of knowledge worldwide.
