CLARIFICATION ON THE TWO TYPES OF RULES ISSUED BY MUSLIM RULERS

السلام عليكم ورحمة الله وبركاته شيخ . حفظكم الله ورعاكم 
In Saudi, the government has banned the use of VPN. So if a person uses VPN (for genuine purposes like accessing some particular website or app) will this be considered as disobeying the Wali ul Amr? Also what is the general principle in this issue as to when a particular act will come under disobeying the Muslim leader.. since we see lot of activities the government has made illegal but the people still do it (like indulging in Halal business without having valid permits)

Answered by:
Asy-Syaikh Ahmad Banajah hafidzahullah
Perlis, Malaysia

Wa-alaykum salāmu wa-rahmatullāhi wa-barakātuh. Marḥaban bika akhi al-karīm.


I summarized the point about the two types of rules issued by Muslim rulers to be added for extra clarity at the end of the article. Please look at it clearly:


Type 1: Rules Aligned with Sharī'ah Purposes

  • These rules aim to fulfill a Sharī'ah objective, such as determining zakāh eligibility or protecting social bonds.
  • They are considered Sharī'ah-compliant, even if presented in a modern form.
  • Examples:
    • Requiring financial declarations to assess zakāh eligibility.
    • Prohibiting transactions that could harm familial relationships.

Type 2: Rules for Worldly Benefits (Maslaha Dunyawiyah)

  • These rules primarily serve worldly interests and may not directly relate to Sharī'ah objectives.
  • They have the force of law but are not necessarily Sharī'ah obligations.
  • Examples:
    • Regulations on building aesthetics or construction materials.
    • Traffic rules like speed limits and red lights.

Regarding Adherence:

  • Type 1 Rules:
    • Must be followed as they serve Sharī'ah objectives.
  • Type 2 Rules:
    • Adherence is generally recommended for the betterment of society.
    • However, if a specific rule does not cause harm to oneself or others (like crossing a red light in the middle of the night on an empty road), strict adherence may not be obligatory.

Traffic Rules as an Example:

  • Speed limits and red lights are primarily for safety and are generally obligatory.
  • However, if a rule can be broken without causing harm, it may not be considered a violation.

Key Takeaway:

The validity and obligation of a ruler's decree depend on its alignment with Sharī'ah objectives and its potential impact on individuals and society.


Note:

I hope this summary clarifies my points.

Disclaimer:

  • This is a general explanation.
  • Specific rulings may vary depending on the context and the interpretations of Islamic scholars.
  • However, as a basic explanation, I am sure this is helpful inshaaAllah.

Note:
This article provides an answer for a general question to acknowledge the way of obeying the rules of the rulers and does not constitute religious advice for specific individuals or specific circumstances.