Referring to Secular Courts
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The thirteenth and fifteenth questions of Fatwa No. ( 19504 )
Q 13: What is the ruling on referring the dispute between Muslims to the American judiciary, regarding matters of divorce, trade, and other issues?
A 13: It is not permissible for a Muslim to refer to secular courts except in cases of dire necessity when no Shari'ah courts exist, and if he is awarded something that is not his right, it is not permissible for him to take it.
Q15: Is the arbitration of a Muslim, whether he is an imam, a da'iyah, or someone else, in matters of disagreement between Muslims, such as divorce, khul', or trade matters, binding and obligatory to execute upon the parties?
A15: If this arbitration is for the sake of reconciliation, then accepting it and committing to it is recommended; because it leads to the purification of hearts from hatred, resentment, malice, and revenge. However, if the arbitration is for the sake of judgment
and the arbitrator is qualified for judgment due to his knowledge and insight, then the ruling is binding upon both parties and must be executed. And success is from Allah, and may Allah send prayers and blessings upon our Prophet Muhammad, his family, and his Companions.
Q 13: What is the ruling on referring the dispute between Muslims to the American judiciary, regarding matters of divorce, trade, and other issues?
A 13: It is not permissible for a Muslim to refer to secular courts except in cases of dire necessity when no Shari'ah courts exist, and if he is awarded something that is not his right, it is not permissible for him to take it.
Q15: Is the arbitration of a Muslim, whether he is an imam, a da'iyah, or someone else, in matters of disagreement between Muslims, such as divorce, khul', or trade matters, binding and obligatory to execute upon the parties?
A15: If this arbitration is for the sake of reconciliation, then accepting it and committing to it is recommended; because it leads to the purification of hearts from hatred, resentment, malice, and revenge. However, if the arbitration is for the sake of judgment
and the arbitrator is qualified for judgment due to his knowledge and insight, then the ruling is binding upon both parties and must be executed. And success is from Allah, and may Allah send prayers and blessings upon our Prophet Muhammad, his family, and his Companions.
Source
www.alifta.gov.sa
The Arabic text is copied verbatim from the original source, without any edits.