The Ruling on Resorting to Man-Made Laws
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Regarding man-made laws, there are many countries that rule by these laws, as is well known.Question: It is well known that a person may be coerced into accepting a man-made ruling. However, the situation of one who has rights with people—such as being beaten or having his money taken, among other things—is that he needs to resort to man-made law to obtain this money. And this man-made law may contain much that contradicts the Shari'ah rulings. Is there a general permission to resort to them?
If we do not find a court that rules by the Shari'ah and his financial rights are about to be lost, then we resort to them, not on the basis that their ruling is Shari'ah, but we treat them as police to extract our rights.Note this condition: (One does not resort to them on the basis that their ruling is Shari'ah, but as if they are police who take his rights) There is no harm in resorting to them to extract his right. However, if they rule in his favor with something that is invalid according to the Shari'ah, it is not permissible for him to take it; because it is not possible to let people's rights be lost on the pretext that these people rule by law and he finds no resort to Allah and His Messenger.He says: I do not resort to them on the basis that their word is a final decision and ruling, but I resort to them on the basis that they are police who bring out my right, or I extract my right through them.
If we do not find a court that rules by the Shari'ah and his financial rights are about to be lost, then we resort to them, not on the basis that their ruling is Shari'ah, but we treat them as police to extract our rights.Note this condition: (One does not resort to them on the basis that their ruling is Shari'ah, but as if they are police who take his rights) There is no harm in resorting to them to extract his right. However, if they rule in his favor with something that is invalid according to the Shari'ah, it is not permissible for him to take it; because it is not possible to let people's rights be lost on the pretext that these people rule by law and he finds no resort to Allah and His Messenger.He says: I do not resort to them on the basis that their word is a final decision and ruling, but I resort to them on the basis that they are police who bring out my right, or I extract my right through them.