Mohammad Rabbani was this week convicted under the UK’s oppressive counter-terrorism laws for failing to reveal his password in order to protect the privacy of his client. He said, “If privacy and confidentiality are crimes, then the law stands condemned. CAGE and I are glad we brought this case, and the result indicates that our only option is to change the law.”
Counter-terror laws, especially Schedule 7 and PREVENT, have no doubt caused widespread oppression in the Muslim community, which is why many Muslim organisations have started campaigns to oppose these laws. However, we must bear in mind that ALL legislative laws (tashree) not derived from the Islamic legal sources are by their nature oppressive.
Allah (Most High) says:
وَمَن لَم يَحكُم بِما أَنزَلَ اللَّهُ فَأُولٰئِكَ هُمُ الظّالِمونَ
“Those who do not judge by whatever Allah has revealed are oppressors.”
(Al-Maaida, 5:45)
Even if these campaigns were successful in modifying or repealing aspects of the counter-terror legislation, Muslims and non-Muslims would still be living under oppressive economic, ruling, social and judicial systems.
What Mohammad Rabbani’s conviction demonstrates is the inherent contradictions in man-made legislative laws like Schedule 7. The judge in this case said, “the importance of passwords and privacy cannot be overstated in the 21st century” and then went on to convict Mohammad for protecting the privacy of his client!
As Sheikh Taqiudeen an-Nabhani makes clear: “This system cannot emanate from man as he is deficient and lacks comprehensive knowledge. Furthermore, man’s ability to set such a system is subject to differences, inconsistency, and contradiction. This will produce a system full of contradiction that will lead to man’s misery. The system must, therefore, come from Allah (swt). Thus it is obligatory that man conducts his actions according to a system from Allah (swt).” (Nizam ul-Islam)
Without an Islamic State to judge and rule by sharia, all people will suffer and the Islamic system will remain on the pages of the Qur’an and hadith with no presence in life’s affairs.