Studying Man-Made Laws and Working in Legal Practice
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The first and second questions of Fatwa No. ( 3532 ):
Q1: We have been occupied with matters, among which is the study of law at the Faculty of Law. The brothers have been divided and their opinions have differed on this subject. I ask the Lord, Glorified and Exalted is He, to grant you success in clarifying these matters, which are:
1 - The ruling on studying man-made laws.
2 - The ruling on working in legal practice (judiciary).
A1: If the one who wants to study man-made laws has the intellectual and scholarly strength to distinguish between truth and falsehood, and has Islamic immunity that protects him from deviating from the truth and being captivated by falsehood, and his intention in that study is to compare the rulings of Islam with the rulings of man-made laws, to demonstrate the superiority of Islamic rulings over them, and to show their comprehensiveness for everything people need in the well-being of their religion and worldly affairs, and their sufficiency in that; to establish the truth and refute falsehood, and to respond to those who are attracted to man-made laws and claim their validity, comprehensiveness, and sufficiency—if that is the case, then his study of them is permissible. Otherwise, it is not permissible for him to study them, and he must suffice himself with the study of Islamic rulings in the Book of Allah the Exalted and what is established from the Sunnah of the Messenger of Allah (peace and blessings be upon him), as was the practice of the imams and scholars of Islam and the method of the Salaf of the Ummah in studying them and deriving rulings from them. Second: If working in legal practice or the judiciary involves establishing the truth and refuting falsehood according to the Shari'ah, returning rights to their owners, and supporting the oppressed—then it is
prescribed; because of what is in it of cooperation in righteousness and piety. Otherwise, it is not permissible; because of what is in it of cooperation in sin and aggression. Allah the Exalted said:[Al-Ma'idah 5:2] . And success is from Allah. May Allah send prayers and blessings upon our Prophet Muhammad, his family, and his Companions.
Q1: We have been occupied with matters, among which is the study of law at the Faculty of Law. The brothers have been divided and their opinions have differed on this subject. I ask the Lord, Glorified and Exalted is He, to grant you success in clarifying these matters, which are:
1 - The ruling on studying man-made laws.
2 - The ruling on working in legal practice (judiciary).
A1: If the one who wants to study man-made laws has the intellectual and scholarly strength to distinguish between truth and falsehood, and has Islamic immunity that protects him from deviating from the truth and being captivated by falsehood, and his intention in that study is to compare the rulings of Islam with the rulings of man-made laws, to demonstrate the superiority of Islamic rulings over them, and to show their comprehensiveness for everything people need in the well-being of their religion and worldly affairs, and their sufficiency in that; to establish the truth and refute falsehood, and to respond to those who are attracted to man-made laws and claim their validity, comprehensiveness, and sufficiency—if that is the case, then his study of them is permissible. Otherwise, it is not permissible for him to study them, and he must suffice himself with the study of Islamic rulings in the Book of Allah the Exalted and what is established from the Sunnah of the Messenger of Allah (peace and blessings be upon him), as was the practice of the imams and scholars of Islam and the method of the Salaf of the Ummah in studying them and deriving rulings from them. Second: If working in legal practice or the judiciary involves establishing the truth and refuting falsehood according to the Shari'ah, returning rights to their owners, and supporting the oppressed—then it is
prescribed; because of what is in it of cooperation in righteousness and piety. Otherwise, it is not permissible; because of what is in it of cooperation in sin and aggression. Allah the Exalted said:
And cooperate in righteousness and piety, but do not cooperate in sin and aggression.
وَتَعَاوَنُوا عَلَى الْبِرِّ وَالتَّقْوَى وَلاَ تَعَاوَنُوا عَلَى الإِثْمِ وَالْعُدْوَانِ
Source
www.alifta.gov.sa
The Arabic text is copied verbatim from the original source, without any edits.