A: It is Wajib (obligatory) upon the Muslim countries to apply Shari`ah and abandon positive laws; this is an obligation that Allah (Glorified and Exalted be He) made on Muslims. He (Glorified be He) says: But no, by your Lord, they can have no Faith, until they make you (O Muhammad ﺻﻠﻰ ﺍﷲ ﻋﻠﻴﻪ ﻭﺳﻠﻢ) judge in all disputes between them, and find in themselves no resistance against your decisions, and accept (them) with full submission. All Muslims thus have to apply Shari`ah and abandon applying positive laws that were worked out by people of the east or the west. All praise be to Allah Alone, Shari`ah of Allah is sufficient. Thus, He (Glorified and Exalted be He) says: Do they then seek the judgement of (the days of) Ignorance? And who is better in judgement than Allâh for a people who have firm Faith. However, it is permissible to follow positive laws with regard to things that conform to Shari`ah. Moreover, countries are allowed to draft laws that people know and benefit from
provided that such laws comply with Shari`ah. Doing the foregoing is not tantamount to applying positive laws. Rather, it is one way of applying Shari`ah. As scholars drew up chapters to explain Shar`y (Islamic legal) rulings, a country may draft a law on trade, sale, endowments, marriage, etc. based on the Qur'an and Sunnah (whatever is reported from the Prophet) to be known and followed by people. Doing so is permissible and is not a Bid`ah (innovation in religion) as long as such laws do not contradict Shari`ah.