I was defrauded in my business outside this country. Is it permissible for me to take my case to their courts, which rule by other than the Shari'ah?
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Question:
Honorable Shaykh, may Allah grant you success. The questioner says: I have a business outside this country, and I was defrauded of my money there. His question is: Is it permissible for me to take my case to the courts that rule by other than the Shari'ah in order to obtain my right?
Answer:
If you are only obtaining your right and not wronging anyone, there is nothing wrong with it. Your intention is the right; you reach your right and do not wrong anyone, so there is nothing wrong with it. However, if you take your case to other than the Shari'ah because it rules on matters that contradict the Islamic Shari'ah, this is not permissible. You take the people's right or you encroach upon the people by virtue of the law; this is not permissible. Yes.
Honorable Shaykh, may Allah grant you success. The questioner says: I have a business outside this country, and I was defrauded of my money there. His question is: Is it permissible for me to take my case to the courts that rule by other than the Shari'ah in order to obtain my right?
Answer:
If you are only obtaining your right and not wronging anyone, there is nothing wrong with it. Your intention is the right; you reach your right and do not wrong anyone, so there is nothing wrong with it. However, if you take your case to other than the Shari'ah because it rules on matters that contradict the Islamic Shari'ah, this is not permissible. You take the people's right or you encroach upon the people by virtue of the law; this is not permissible. Yes.
Source
قناة «العلامة الدكتور صالح الفوزان»، [2471 -3022] تم الاحتيال على تجارتي خارج هذه البلاد، فهل أتحاكم إلى محاكمهم التي تحكم بغير الشريعة؟ — youtube.com
The Arabic text is a machine transcription of the audio recording.