What is the ruling on resorting to courts that judge by other than what Allah has revealed? And what is the ruling on the profession of a lawyer who defends the right and the oppressed?
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The questioner : Resorting to the courts, and you know that these courts judge by other than what Allah, Glorified and Exalted is He, has revealed.
The Shaykh : Yes.
The questioner : So if a man is convinced in his mind that his right is being violated and he cannot obtain it except through these courts, and he considers it his right, whether it is a loan or wages, or the like; is it permissible, especially since he knows that among the judges there are Christians and not Muslims, and that they may apply to this person rulings that contradict the Shari'ah of Islam, and he does not know the content of these rulings that they may apply?
The Shaykh : Yes.
The questioner : Is it permissible to resort to them, and is it permissible for the lawyer who is asking two questions, meaning synonymous ones, is it permissible for the lawyer who says, "I do not defend except the oppressed people whose rights have been violated, whose wealth has been plundered, from merchants and others, and I do not defend criminal cases that are judged by other than what Allah has revealed, such as matters of killing and the like," is it permissible for him to enter and defend in such cases?
The Shaykh : With the condition you mentioned, of course it is permissible; but I believe it is difficult to achieve. This is the answer to the second part of the question; as for the first part, I felt that there is a contradiction in your question, because in your first words, it is that he believes that he...
The questioner : is convinced in his mind...
The Shaykh : is convinced in his mind, in the end, what did you say?
The questioner : is convinced in his mind that he will not obtain his right if he does not resort to the court.
The Shaykh: Okay
The questioner : So if he resorts to it, he is convinced in his mind that he will obtain his right.
The Shaykh : That is it, then you said that the judge may rule, and he may be a Christian, so what do you mean by "may rule contrary to the Shari'ah"?
The questioner : Yes, this person may be burdened with more than what is due on him, paying fees and other things, and imprisonment, meaning the judiciary does not stop at the limit of obtaining rights only, it may exceed that with insult or...
The Shaykh : So we did not understand you. I am the oppressed person, and Zayd is the unjust judge, that is Bakr, I want from him one thousand dinars. I now have a view of the judiciary in general, that if I file a complaint against this person, I will get the one thousand dinars, or I will not get them?
The questioner : You will get them, but they may imprison him and make him pay fines as well, and mean, and add to this thing.
The Shaykh: Okay
The questioner : And court fees and lawyer fees and things.
The Shaykh : Well, if the violation stops at the situation you are currently imagining, then the one responsible is not the oppressed person who is demanding his right; but if the court wants to give him more than what he deserves, that is not permissible to resort to.
The questioner : Meaning more than one thousand dinars?
The Shaykh: Yes.
The questioner : May Allah reward you with good.
The Shaykh : The answer is clear.
The questioner : Clear.
The Shaykh : Welcome.
The Shaykh : Yes.
The questioner : So if a man is convinced in his mind that his right is being violated and he cannot obtain it except through these courts, and he considers it his right, whether it is a loan or wages, or the like; is it permissible, especially since he knows that among the judges there are Christians and not Muslims, and that they may apply to this person rulings that contradict the Shari'ah of Islam, and he does not know the content of these rulings that they may apply?
The Shaykh : Yes.
The questioner : Is it permissible to resort to them, and is it permissible for the lawyer who is asking two questions, meaning synonymous ones, is it permissible for the lawyer who says, "I do not defend except the oppressed people whose rights have been violated, whose wealth has been plundered, from merchants and others, and I do not defend criminal cases that are judged by other than what Allah has revealed, such as matters of killing and the like," is it permissible for him to enter and defend in such cases?
The Shaykh : With the condition you mentioned, of course it is permissible; but I believe it is difficult to achieve. This is the answer to the second part of the question; as for the first part, I felt that there is a contradiction in your question, because in your first words, it is that he believes that he...
The questioner : is convinced in his mind...
The Shaykh : is convinced in his mind, in the end, what did you say?
The questioner : is convinced in his mind that he will not obtain his right if he does not resort to the court.
The Shaykh: Okay
The questioner : So if he resorts to it, he is convinced in his mind that he will obtain his right.
The Shaykh : That is it, then you said that the judge may rule, and he may be a Christian, so what do you mean by "may rule contrary to the Shari'ah"?
The questioner : Yes, this person may be burdened with more than what is due on him, paying fees and other things, and imprisonment, meaning the judiciary does not stop at the limit of obtaining rights only, it may exceed that with insult or...
The Shaykh : So we did not understand you. I am the oppressed person, and Zayd is the unjust judge, that is Bakr, I want from him one thousand dinars. I now have a view of the judiciary in general, that if I file a complaint against this person, I will get the one thousand dinars, or I will not get them?
The questioner : You will get them, but they may imprison him and make him pay fines as well, and mean, and add to this thing.
The Shaykh: Okay
The questioner : And court fees and lawyer fees and things.
The Shaykh : Well, if the violation stops at the situation you are currently imagining, then the one responsible is not the oppressed person who is demanding his right; but if the court wants to give him more than what he deserves, that is not permissible to resort to.
The questioner : Meaning more than one thousand dinars?
The Shaykh: Yes.
The questioner : May Allah reward you with good.
The Shaykh : The answer is clear.
The questioner : Clear.
The Shaykh : Welcome.
Source
www.al-albany.com
The Arabic text is copied verbatim from the original source, without any edits.