What is the ruling on one who goes to non-Shari'ah courts?
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The questioner : ... The Muslim displays Islam ... the ruler rules ... the Shari'ah ruling, what is the Shari'ah ruling?
Another questioner : ... .
The questioner : No, there is no ... Shari'ah ruling ... .
The Shaykh : I will say: I have another detail in this matter.
The questioner : ... .
The Shaykh : I am saying.
The questioner : We wished for this.
The Shaykh : The one who goes to non-Shari'ah courts to be judged by them either exploits the law that is contrary to the Shari'ah, meaning—for example—he is able to take from a person by law what he has no right to in the Shari'ah; this is one case. The second case: he is able to take by law what he has a right to in the Shari'ah, and it is not hidden that the law sometimes meets the Shari'ah in some points, so if ... he takes this right by the man-made law, and in his heart he knows that if the court gives him what the Shari'ah does not give, he will not accept it ... it is forbidden to demand his right by this path ... for themselves, as long as he is implementing Islamic justice itself upon those ... and he is only obtaining his right.
Like this or approximately this: a Shari'ah judge.
Yes?
The questioner : ... .
The Shaykh : So let us proceed.
A Shari'ah judge rules by the Shari'ah, but he was overcome by desire in some ruling, naturally involving a bribe, so he became difficult and delayed in issuing the ruling for a person in favor of his right, so he gave him a bribe to rule in favor of his right. This is not a forbidden bribe, but it is haram for the judge to accept it; because he is taking the money of another by falsehood. As for the owner of the right, he is not ... to reach it except by this path. This is my opinion on the previous question.
Another questioner : ... .
The questioner : No, there is no ... Shari'ah ruling ... .
The Shaykh : I will say: I have another detail in this matter.
The questioner : ... .
The Shaykh : I am saying.
The questioner : We wished for this.
The Shaykh : The one who goes to non-Shari'ah courts to be judged by them either exploits the law that is contrary to the Shari'ah, meaning—for example—he is able to take from a person by law what he has no right to in the Shari'ah; this is one case. The second case: he is able to take by law what he has a right to in the Shari'ah, and it is not hidden that the law sometimes meets the Shari'ah in some points, so if ... he takes this right by the man-made law, and in his heart he knows that if the court gives him what the Shari'ah does not give, he will not accept it ... it is forbidden to demand his right by this path ... for themselves, as long as he is implementing Islamic justice itself upon those ... and he is only obtaining his right.
Like this or approximately this: a Shari'ah judge.
Yes?
The questioner : ... .
The Shaykh : So let us proceed.
A Shari'ah judge rules by the Shari'ah, but he was overcome by desire in some ruling, naturally involving a bribe, so he became difficult and delayed in issuing the ruling for a person in favor of his right, so he gave him a bribe to rule in favor of his right. This is not a forbidden bribe, but it is haram for the judge to accept it; because he is taking the money of another by falsehood. As for the owner of the right, he is not ... to reach it except by this path. This is my opinion on the previous question.
Source
www.al-albany.com
The Arabic text is copied verbatim from the original source, without any edits.