Marriage laws which contradict Islamic law
3-11-2004 | IslamWeb
Question:
I live in a Muslim country that recently has changed its marital laws. For example, the marriage age has been raised from 14 to 18 and if a man wishes to practice polygamy he has to take the permission of his first wife and of a judge (who most likely lacks the Islaamic characteristics of a judge). Given that these new laws have no basis in our religion, is it permissible to disobey them and only abide to the authentic Shariah?
Answer:
All perfect praise be to Allaah, The Lord of the Worlds. I testify that there is none worthy of worship except Allaah, and that Muhammad is His slave and Messenger. We ask Allaah to exalt his mention as well as that of his family and all his companions.
It is not permissible for a Muslim to act or judge according to what contradicts the legislation of Allaah, be it rulings regarding personal matters (marriage, inheritance, etc…) or other man-made laws and constitutions. Allaah says (interpretation of meaning): {The decision is only for Allaah. He relates the truth, and He is the Best of judges.}[6:57]. Allaah further says (interpretation of meaning): {Legislation is not but for Allaah. He has commanded that you worship not except Him.}[12:40]. Allaah also says (interpretation of meaning): {And judge, [O Muhammad 
], between them by what Allaah has revealed and do not follow their inclinations.}[5:49]. In another verse Allaah says (interpretation of meaning): {And whoever does not judge by what Allaah has revealed then it is those who are the disbelievers.}[5:44]. Therefore, the Ruling of Allaah regarding personal and other matters is known in the Book of Allaah and in the Sunnah of His Prophet . Allaah says (interpretation of meaning): {And We have sent down to you the Book as clarification for all things and as guidance and mercy and good tidings for the Muslims.}[16:89]. Allaah has forbidden us to associate partners with Him in belief or in worship, as Allaah says (interpretation of meaning): {…— let him do righteous work and not associate in the worship of his Lord anyone.}[18:110]. He also forbade us to associate in judging as He says (interpretation of meaning): {… and He shares not His legislation with anyone.}[18:26]. So a Muslim should refrain from resorting to judgement based on these rules. Allaah says (interpretation of meaning): {But no, by your Lord, they will not [truly] believe until they make you, [O Muhammad ], judge concerning that over which they dispute among themselves and then find within themselves no discomfort from what you have judged and submit in [full, willing] submission.}[4:65]. Based on the above grounds, you have to know that a Muslim should not abide by these laws if your refusal does not cause any harm, like being imprisoned, tortured and the like.
Allaah knows best.