I am a Muslim living in a country governed by man-made laws. Is it permissible to claim my right through them, as there is no other way, and the right may be significant and I cannot do without it?
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The questioner : I am a Muslim living in a country governed by man-made laws. Is it permissible to claim my right through them, as there is no other way, and the right may be significant and I cannot do without it?
The Shaykh : Yes. Ibn al-Qayyim (may Allah have mercy on him) mentioned in his book *Al-Turuq al-Hukmiyyah*, which is a good and beneficial book, especially for judges, that if one is in a country where the Shari'ah is not applied and he is compelled to resort to these courts, there is no harm in doing so, but on the condition that he believes he is seeking the ruling of Allah (Mighty and Majestic), not the ruling of the laws. If they rule in his favor in accordance with the Shari'ah, he takes it; if they rule against him, he leaves it. If they rule in his favor for something in accordance with the laws, but the Shari'ah does not permit it, it is obligatory for him to return it. As for leaving people to lose their rights on the basis that these courts are man-made, this is in reality harm to people and destruction of their wealth. But we resort to them; if they rule in accordance with the Shari'ah, we accept it, otherwise we do not. And the one who resorts to them must also hold this belief, meaning that if they rule in accordance with the Shari'ah, he accepts it, otherwise he rejects it.
The Shaykh : Yes. Ibn al-Qayyim (may Allah have mercy on him) mentioned in his book *Al-Turuq al-Hukmiyyah*, which is a good and beneficial book, especially for judges, that if one is in a country where the Shari'ah is not applied and he is compelled to resort to these courts, there is no harm in doing so, but on the condition that he believes he is seeking the ruling of Allah (Mighty and Majestic), not the ruling of the laws. If they rule in his favor in accordance with the Shari'ah, he takes it; if they rule against him, he leaves it. If they rule in his favor for something in accordance with the laws, but the Shari'ah does not permit it, it is obligatory for him to return it. As for leaving people to lose their rights on the basis that these courts are man-made, this is in reality harm to people and destruction of their wealth. But we resort to them; if they rule in accordance with the Shari'ah, we accept it, otherwise we do not. And the one who resorts to them must also hold this belief, meaning that if they rule in accordance with the Shari'ah, he accepts it, otherwise he rejects it.