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Judging
the affairs
Question:
We in the West, suffer from many problems and difficulties.
We ask Allaah to help us solve and overcome them. One of the
biggest problems is that we are forced to resort to Western
courts of law to judge between us, even in matters of civil
law. What is the ruling concerning the permissibility of appointing
a judge for the Muslims in America, Britain or Australia?
He
would deal with their legal affairs and disputes, especially
in issues of personal law. Also, is it correct to refer to
him as "judge" and, if the Muslims agree to his
appointment, can he assume the same responsibilities and duties
as a judge in an Islaamic country?
Response:
The answer to this question can be understood from the previous
answer, which is that it is obligatory for the Muslims to
appoint a judge to pass judgement between them according to
Islaamic law. It is not permissible for them to take as arbitrators
those who do not judge according to Islaamic law. If a group
or society agree upon him being appointed as arbitrator between
them, then his judgement should be enforced in all matters
in which they have asked him to arbitrate. This is not only
permitted but rather it is obligatory upon them.
Shaykh
Ibn 'Uthaymeen
al-Aqalliyaat al-Muslimah - Page 66, Fatwa No.6
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