The Ruling on Resorting to Courts with Man-Made Laws to Recover One’s Right
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The questioner:
A questioner asks: What is the ruling on resorting to courts that judge by man-made laws to recover part of his right? As you know, some countries do not apply the rulings of the Shari'ah. So what is the ruling on filing a complaint to get his right or part of it?
The Shaykh:
To begin with, it is not permissible to resort to anything other than the Book of Allah and the Sunnah of His Messenger when there is a choice. It is absolutely not permissible to resort to anything other than the law of Allah when there is a choice and the ability to do so. However, if a person is compelled in a disbeliever’s country and his right is being lost, there is no harm in him demanding his right and saving it from the oppressor. But if he demands a right that belongs to someone else because the law rules in his favor unjustly and he takes advantage of the opportunity, that is not permissible. But if his right is being lost in a disbeliever’s country, and if he left it, it would be lost, he demands his right and saves it from the oppressor. Yes.
The presenter:
May Allah reward you.
The Shaykh:
It seems the time is wrong, or is it not?
The presenter:
There is still time left. There is time left. If you wish, we can continue or stop.
The Shaykh:
If there is time left, give it to us.
The presenter:
May Allah reward you with good. May Allah reward you.
A questioner asks: What is the ruling on resorting to courts that judge by man-made laws to recover part of his right? As you know, some countries do not apply the rulings of the Shari'ah. So what is the ruling on filing a complaint to get his right or part of it?
The Shaykh:
To begin with, it is not permissible to resort to anything other than the Book of Allah and the Sunnah of His Messenger when there is a choice. It is absolutely not permissible to resort to anything other than the law of Allah when there is a choice and the ability to do so. However, if a person is compelled in a disbeliever’s country and his right is being lost, there is no harm in him demanding his right and saving it from the oppressor. But if he demands a right that belongs to someone else because the law rules in his favor unjustly and he takes advantage of the opportunity, that is not permissible. But if his right is being lost in a disbeliever’s country, and if he left it, it would be lost, he demands his right and saves it from the oppressor. Yes.
The presenter:
May Allah reward you.
The Shaykh:
It seems the time is wrong, or is it not?
The presenter:
There is still time left. There is time left. If you wish, we can continue or stop.
The Shaykh:
If there is time left, give it to us.
The presenter:
May Allah reward you with good. May Allah reward you.
Source
شرح كتاب الإيمان من صحيح البخاري، بداية من باب : كفران العشير، وكفر دون كفر — islamhouse.com (44:13)
The Arabic text is a machine transcription of the audio recording.