What are the conditions for resorting to man-made laws in cases of dire necessity?
Machine translationRead the Arabic original
Question:
I heard the questioner say: If you are in a disbeliever’s state and you are forced to resort to man-made laws, what is the ruling? May Allah reward you.
Answer:
There is nothing wrong with resorting to them out of dire necessity, so that your wealth is not taken, and you do not know that it is forbidden, and that it is obligatory to resort to other than Allah. But if you are afflicted, then pursue your right. If your wealth is taken, or they attack you in your home and you flee, there is nothing wrong with bringing your case to the state so that they give you justice against the one who wronged you. Do not take more than your right. If they give you more than your right, no, take only the right you were wronged in from the one who gave it to you. If there is no trade and they take a Muslim, do not leave the enemies to take your wealth, or the thieves to take your wealth in any place; they only want to take your wealth, so take your right. You are the one in dire necessity. And Allah (Exalted and Majestic is He) says:[Al-An'am 6:119] If you are not forced into it by them, then if your wealth is taken, bring it to the authorities. If they beat you, bring it to the authorities, and so on, because you are the one in dire necessity and you have no way out. Even though, in his heart and faith, he knows that resorting to other than Allah is forbidden when one is able to do otherwise. Yes.
I heard the questioner say: If you are in a disbeliever’s state and you are forced to resort to man-made laws, what is the ruling? May Allah reward you.
Answer:
There is nothing wrong with resorting to them out of dire necessity, so that your wealth is not taken, and you do not know that it is forbidden, and that it is obligatory to resort to other than Allah. But if you are afflicted, then pursue your right. If your wealth is taken, or they attack you in your home and you flee, there is nothing wrong with bringing your case to the state so that they give you justice against the one who wronged you. Do not take more than your right. If they give you more than your right, no, take only the right you were wronged in from the one who gave it to you. If there is no trade and they take a Muslim, do not leave the enemies to take your wealth, or the thieves to take your wealth in any place; they only want to take your wealth, so take your right. You are the one in dire necessity. And Allah (Exalted and Majestic is He) says:
while He has explained in detail to you what He has forbidden you
وَقَدْ فَصَّلَ لَكُم مَّا حَرَّمَ عَلَيْكُمْ
Source
قناة «فضيلة الشيخ ابن باز Alsheikh Binbaz»، 85 ما ضوابط التحاكم للقوانين الوضعية للمضطر؟ للإمام ابن باز — youtube.com
The Arabic text is a machine transcription of the audio recording.
