Secular Courts

Wa ʿalaykum as-salām wa raḥmatullāhi wa barakātuhu

In recent times, many people raise concerns about the permissibility of seeking judgment from secular courts, labelling it as disbelief and major shirk. They argue that since only Allāh can legislate, seeking judgment from any other source is akin to asking for help from entities other than Allāh. This perspective often cites the Qur’anic verses 4:60 and 4:65 as evidence. To address this issue comprehensively, we need to delve into the context and interpretations of these verses and the practical realities faced by Muslims today.

Understanding the Qur’anic Verses

Verses Cited (4:60 and 4:65):

• Surah An-Nisā’ (4:60): “Have you not seen those who claim to have believed in what was revealed to you, [O Muḥammad], and what was revealed before you? They wish to refer legislation to ‘ṭāghūt’, while they were commanded to reject it; and Shayṭān wishes to lead them far astray.”
• Surah An-Nisā’ (4:65): “But no, by your Lord, they will not [truly] believe until they make you, [O Muḥammad], judge concerning that over which they dispute among themselves and then find within themselves no discomfort from what you have judged and submit in [full, willing] submission.”

These verses emphasize the importance of seeking judgment from divine guidance and caution against preferring unjust or tyrannical systems over Sharīʿah. However, it is essential to understand these verses in their proper context.

Key Points to Consider

1. Divine Legislation:
   • Islamic Principle: Allāh is the undeniably the ultimate legislator, and Islamic law (Sharīʿah) is derived from the Qur’ān and Sunnah.
   • Application: A Muslim is to resolve disputes according to Sharīʿah, particularly in personal and familial matters.
   • Judgement: A non-Muslim judge may determine who is correct based on the merits of each case. For example,  when two parties differ, with the one claiming that he is entitled to the funds of another whilst another feels that he does not anything, a non Muslim-Judge may

1. Context of Ṭāghūt:
   • Definition: Ṭāghūt generally refers to any entity that transgresses the bounds set by Allāh, including false gods, tyrants, and unjust laws.
   • Application in Verses: These verses caution against preferring unjust, tyrannical systems or rulings over divine guidance.
2. Modern Secular Courts:
   • Necessity and Coercion: Muslims living in non-Muslim countries may find themselves in situations where they must use secular courts due to legal and social necessities. Using these courts does not necessarily imply belief or preference for their laws over Sharīʿah. Every judgement does not necessarily contradict the laws of Allāh.
   • Intention Matters: A Muslim’s intention when going to a secular court is crucial. If one seeks justice and has no other viable means, it does not equate to disbelief or shirk.

Scholarly Views

1. Necessity (Ḍarūrah):
   • Fiqh Principle: When facing compulsion or necessity, actions that are generally discouraged or prohibited may become permissible. This is applicable when Muslims have no choice but to use secular courts for legal matters.
   • Example: Seeking legal recourse for issues such as inheritance, divorce, or contract disputes when no Islamic court is available.
2. Differentiating Belief and Action:
   • Belief in Sharīʿah: Belief in the supremacy of Sharīʿah is essential. However, utilizing a secular court out of necessity does not equate to rejecting Sharīʿah.
   • Seeking Justice: The primary goal is seeking justice, and if the secular court provides a just outcome, it can be seen as a means rather than a preference over divine law.

Conclusion

While the Qur’anic verses emphasize the importance of seeking judgment from divine law, the practical realities of modern life, especially for Muslims in non-Muslim countries, necessitate a nuanced understanding. Utilizing secular courts out of necessity does not equate to disbelief or major shirk, provided that one’s belief in the supremacy of Sharīʿah remains intact. It is always advisable to seek guidance from knowledgeable Islamic scholars to navigate these complex situations properly.

And Allah subhanahu wa ta’ala knows best.