Studying positive laws and working as an attorney or a judge

Question: I am a second year law student, so I have now spent two years studying in the faculty. I would like to know whether I should leave, because it does not resort to the Sharee`ah (Islaamic law) for rulings, but to positive law? Is it permissible to work as a prosecutor investigating cases on the basis of man-made laws? Is working as a professor in the faculty Haraam (prohibited)? Is practicing law for a living Haraam?

Answer: Firstly, Studying positive law is permissible for someone who is endowed with sufficient intellectual and academic ability to distinguish between truth and falsehood, and they are not vulnerable, due to their strong Islaamic faith, to become deviated from the truth and deceived by falsehood… read more here.

Studying positive laws and working as an attorney

Question: We are preoccupied with some issues, including studying law at the Faculty of Law. The Muslims strongly disagree on this issue. I ask that Allaah (Glorified and Exalted be He) guide you to clarify this issue for us, which includes:

(1) The ruling on studying positive (man-made) laws.
(2) The ruling on working as an attorney or a judge.

Answer: If the person who wants to study man-made laws possesses the intellectual and academic capacity to distinguish truth from falsehood and is guarded by his Islaam against deviation from truth and attraction towards falsehood, and his intention for studying them is to compare the laws of Islaam with man-made laws in order to show the advantages of Islaam and its encompassment of all that people need to correct their worldly and religious affairs, standing as entirely sufficient, and by way of upholding truth and negating falsehood, and to refute the claims of the uprightness, perfection and sufficiency of man-made laws – if this is the case, it is permissible to study them… read more here.

Invoking Allaah against a ruler who does not judge according to what Allaah has revealed

Question: What is the ruling on invoking Allaah against a ruler who does not judge according to Allaah’s revealed Law?

Answer: You should supplicate to Allaah to guide him and grant him success, and bring about through him reformation among his people, so that he rules them by Allaah’s revealed Law… read more here.

Taking oaths to respect positive laws

Question: Could you please give us the legal ruling regarding some Muslims who take oaths in the name of Allaah to respect man-made laws, even though these laws contradict the Sharee‘ah (Islaamic law)?Is this among the forbidden acts? As the policy of some legislative councils stipulates that a member must take such an oath when they are appointed to an official position. Please, explain the legal ruling on this?

Answer: It is impermissible without taking an oath; how will it be, then, when one takes an oath by Allaah to do so! No doubt, the sin will be greater with an oath taken… read more here.

Cooperating with a Christian in anything that does not contradict Islaamic Sharee`ah

Question: Is it Haraam (prohibited) for a Muslim and a Christian to cooperate in political and social fields?

Answer: It is permissible for a Muslim to cooperate with a Christian in whatever does not contradict with Islaamic laws… read more here.

Muslims voting for non-Muslims in elections

Question: Is it permissible for a Muslim to vote in elections? If yes, is it permissible for them to vote for Kuffaar (disbelievers)?

Answer: It is impermissible for Muslims to vote for Kuffaar, as this may lead to exalt their status and boost their power and authority, resulting in them having ascendancy over Muslims. Allaah (Glorified be He) says (what means)… read more here.

Participating in enacting a law opposing Islaamic rulings

Question: Are the Muslims who take part in preparing this constitution sinful?

Answer: If some articles in the constitution contradict Islaam, it is impermissible to take part in preparing it. If not, there is nothing wrong with that… read more here.

Governments ruling according to laws not revealed by Allaah

Question: It may have come to your knowledge that our government is a secular one that does not pay attention to religion. It governs the country with a constitution prepared by both Muslims and Christians. The question is: Can we call it an Islaamic government or a Kaafir (non-Islamic) one?

Answer: If such a government rules according to something other than what is revealed by Allaah, then it is not an Islaamic government… read more here.

Seeking judgment from Sharee`ah and not from tribal rules

Question: Please explain the ruling on two people who, for example, if they are disputing, resort to the tribal rules, and each of them appoints a “Mi`dal,” as they call him, and they choose one of the tribal chieftains to judge between them. They then sit in front of him and state their complaints against the other. If it is a simple dispute, the guilty party is ordered to slaughter an animal for the other party. If it is a major dispute, the guilty party is ordered to be given “Al-Janbiyyah;” this used to mean that they were beatenon their head with a sharp tool until they bleed, nowadays it involves the guilty party paying an amount of Dirhams as a fine. They call this practice a reconciliation, and it is common among the tribes-people. They also call it Al-Math-hab (the doctrine), and if someone does not accept their judgment, they call them “Qati` Al-Math-hab (a dissenter from the doctrine).” Dear shaykh, what is the legal ruling on this?

Answer: It is obligatory for Muslims to resolve their disputes in courts that apply the Sharee`ah (Islaamic law), not tribal rules or man-made laws. In fact, what you have mentioned is not really reconciliation; it is judging according to tribal principles and rules… read more here.

Pursuing lawsuits under a Non-Muslim government

Question: We live in a country controlled by a non-Muslim government that applies man-made laws. Is it permissible for us to pursue lawsuits in their courts?

Answer: It is not permissible for a Muslim to pursue a lawsuit under a non-Muslim government, as Allaah (Exalted be He) says… read more here.

Is everything worshiped besides Allaah considered Taaghoot?

Question: Is Prophet `Eesaa (Jesus, peace be upon him) ibn Maryam (Mary) considered Taaghoot (a false god), because he is worshipped beside Allaah?

Answer: Not all of those who are worshiped besides Allaah are considered Taaghoot, they are only considered so if they are pleased with it or invite others to worship them. `Eesaa ibn Maryam (peace be upon him) was not happy to be worshipped… read more here.

What is Taaghoot?

Question: When can we single someone out as Taaghoot?

Answer: Someone can be declared as Taaghoot (false god) in case that they call to Shirk (associating others with Allaah in His Divinity or worship), to offer `Ibaadah (worship) to them, claim knowing matters of Ghayb (Unseen), or judge according to anything other than what Allaah has revealed and the like. Ibn Al-Qayyim (may Allaah be merciful to him) said: Taaghoot is anything in which a servant exceeds the limits whether in the field of `Ibaadah, following, or obedience… read more here.

Tafseer of Ayah “They wish to go for judgment to the Taaghoot”

Question: What is the meaning of Al-Taaghoot in general? We would also like to know the interpretation of Ibn Katheer concerning the Aayah (Qur’aanic verse) mentioned in Soorah Al-Nisaa’: Have you not seen those (hypocrites) who claim that they believe in that which has been sent down to you, and that which was sent down before you, and they wish to go for judgement (in their disputes) to the Taaghoot (false judges) while they have been ordered to reject them. But Shaytaan (Satan) wishes to lead them far astray.We would like to know two things:

Firstly: What is the meaning of Al-Taaghoot in general? Is what is said by Ibn Katheer: “The Taaghoot of every people are those whom they refer to in judgment beside Allaah,” included in this meaning? Does the word Taaghoot comprise rulers and those who refer to them in judgment when they do not judge according to the Shar` (Law) of Allaah according to the interpretation of Ibn Katheer?

Secondly: What is the meaning of His saying: They wish to go for judgement (in their disputes) ? Some of them said that the “wish” here is a hidden act that nobody knows. Therefore, we cannot judge with Kufr (disbelief) for whoever goes for judgment (outside the Shar` of Allaah) except after realizing his inner intention which is inconceivable. Others said that the “wish” here means an explicit doing derived from the Hadeeth of the Prophet (peace be upon him) that means content and continuity in seeking judgment in this way. Which one is true?

Answer: Firstly, The general meaning of Taaghoot is what is worshipped instead of Allaah. This `Ibaadah (worship) may be Salaah (Prayer), Sawm (Fast), vowing, resorting for removing harm or bringing benefit,referring to him in judgment instead of Qur’aan and Sunnah (whatever is reported from the Prophet) or any other thing that should be dedicated to Allaah Alone… read more here.

Obligation of appealing to the Qur’aan and the Sunnah for legal rulings in case of disputes

Question: What is the ruling on someone who says: “Laa ilahaa illaa Allaah (there is no god but Allaah),” supplicates to none other than Allaah (Glorified and Exalted be He), and only has Tawakkul (trust in Allaah Alone), but they seek judgment from other than Allaah and His Messenger (peace be upon him)? They invite people to join certain groups and reject others, and claim that the Deen (religion) is in the heart and in observing Salaah (Prayer), Sawm (Fasting), Zakaah, and Hajj, and in loving people. They say that there must be unity between the Jews, Christians, and Muslims, and Muslims be treated the same as Christians, and they say that the only distinction should be whether people are Egyptian or not.

What is the ruling on someone who appeals to man-made law for legal rulings, when they know that this is invalid, but do not oppose it or try to work to stop it? And what is the ruling on someone who befriends a Mushrik (one who associates others with Allaah in worship) and lives with them, knowing that Ibn Taymiyyah (may Allaah be merciful to him) stated, “Anyone who sharpens a pencil for them (Mushrikoon) or gives them a sheet of paper will be one of them.” This person claims that they detest them in their heart, but what is seen of the way they treat them contradicts what they claim. What is the ruling on this person?

Answer: It is obligatory to appeal to the Qur’aan and the Sunnah of the Prophet (peace be upon him) for legal rulings in case of disputes. Allaah (Exalted be He) says… read more here.