What is the ruling on commercial courts that hold one of the disputing parties liable, even if that involves taking riba (usury or interest)?
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Question:
Are commercial courts, which adjudicate commercial cases and hold one of the disputing parties liable, even if that involves taking riba (usury or interest), permissible?
Answer:
If they rule by the Shari'ah, they are responsible for that, and they must fear Allah in applying the Shari'ah. As for if they are not scholars, their ruling is not permissible, and it is not permissible to appoint them as judges. The judge must be from among the scholars who return to the Shari'ah of Allah, in trade and other matters. If he rules by what he sees from the Shari'ah of Allah, he is between two Arabs. If he is correct, he has two rewards, and if he errs, he is not held accountable.
Are commercial courts, which adjudicate commercial cases and hold one of the disputing parties liable, even if that involves taking riba (usury or interest), permissible?
Answer:
If they rule by the Shari'ah, they are responsible for that, and they must fear Allah in applying the Shari'ah. As for if they are not scholars, their ruling is not permissible, and it is not permissible to appoint them as judges. The judge must be from among the scholars who return to the Shari'ah of Allah, in trade and other matters. If he rules by what he sees from the Shari'ah of Allah, he is between two Arabs. If he is correct, he has two rewards, and if he errs, he is not held accountable.
Source
قناة «فضيلة الشيخ ابن باز Alsheikh Binbaz»، 417 ما حكم المحاكم التجارية التي تحمل المسئولية على أحد المتخاصمين وإن كان فيه يأخذ ربا؟ — youtube.com
The Arabic text is a machine transcription of the audio recording.