Some people say that one should not resort to a judge who rules by other than what Allah has revealed, under any circumstances. Is this correct?
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The questioner : The judge is known not to rule by what Allah has revealed. So, if a person goes to him knowing that by going to this judge, he will obtain Allah’s ruling in his favor, should he go to him?
The Shaykh : If we first review the judicial methods, we will understand the jurisprudence of this issue. Ibn al-Qayyim (may Allah have mercy on him) said that some jurists, who are not truly considered jurists, have lost people’s rights through this method. They said that one should not resort to a judge who does not rule by what Allah has revealed, under any circumstances. As a result, rights were lost. However, if he rules with truth, take it; and if he rules with falsehood, do not take it. Because if we say now that one should not resort to a judge who does not rule by what Allah has revealed, the rights of Muslims will be lost. Currently, many Islamic countries rule by other than what Allah has revealed, using laws. I go out of necessity to defend my right. If I have a right, I am allowed to accept it. If I do not have a right, it is not permissible for me to accept it, and it cannot be lost.
The Shaykh : If we first review the judicial methods, we will understand the jurisprudence of this issue. Ibn al-Qayyim (may Allah have mercy on him) said that some jurists, who are not truly considered jurists, have lost people’s rights through this method. They said that one should not resort to a judge who does not rule by what Allah has revealed, under any circumstances. As a result, rights were lost. However, if he rules with truth, take it; and if he rules with falsehood, do not take it. Because if we say now that one should not resort to a judge who does not rule by what Allah has revealed, the rights of Muslims will be lost. Currently, many Islamic countries rule by other than what Allah has revealed, using laws. I go out of necessity to defend my right. If I have a right, I am allowed to accept it. If I do not have a right, it is not permissible for me to accept it, and it cannot be lost.