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Old 02-12-2008, 10:40 PM   #1
UmmTayyab
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Trapped In Secular Law

Assalamu Alaikum wa Rahmatullahi wa Barakatoh,

I pray one of the sheikhs/teachers/learned brothers can give me direction and understanding of such a critical issue.

Of course we are living in a secular world and time, and cannot be judged or defended in an Islamic court of law when we are accused of a crime.

My questions are related to fearing Allah and not committing Shirk.

Can a mu'min be a secular lawyer without committing shirK?

Can a mu'min use a secular lawyer to defend him/her in a secular court of law without transgressing into shirk?

If a mu'min can depend on a secular lawyer to defend him/her in a secular court of law, should that lawyer be a muslim also, or does the ayat number 51 in Surah Ma'ida regarding "Do not take them as your awliya..." apply here, (meaning hiring a christian or jewish lawyer to defend you)?

I REALLY need to find these answers, as you can imagine, it is weighing very heavily.
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Old 02-13-2008, 07:44 AM   #2
UmmTayyab
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Re: Trapped In Secular Law

Alhamdulillah, Jazakum Allahu Khyran, that answers my first two questions.

The third question remains regarding the ayat in Surah Al-Ma'idah in relation to whom you should choose as your lawyer.
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Old 02-14-2008, 11:11 AM   #3
UmmTayyab
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Re: Trapped In Secular Law

Actually, I still have concern still about engaging in the whole court system due to the ayat from Surah An-Nisa

60: "O Prophet, have you not marked those who profess to believe in the Book that have been sent down to you and in the Books that had been sent down before you, and yet want to turn to taghut for the judgement of their cases though they have been bidden to reject taghut?"

to which Maududi gave tafseer:

"In this verse, taghut clearly stands for the authority that makes decision in accordance with laws other than Divine and the system of judiciary which acknowledges neither Allah as the Supreme Sovereign nor His Book as the final authority. Hence, this verse is explained that it is contrary to Faith to take one's case for decision to a law court which by its nature is that of taghut. Belief in Allah and His Book makes it obligatory on the Believer that he should refuse to acknowledge such a court as lawful. According to the Qur'an, belief in Allah and disbelief in taghut are correlatives; therefore to acknowledge both at one and the same time is nothing but hypocrisy itself."

So does this imply that to accept or even participate in the process or argue as a defendant in a trial in this system is akin to Shirk?
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Old 02-14-2008, 12:45 PM   #4
Mariam 3:36
Ummat Muhammad
 
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Re: Trapped In Secular Law

As-salaamu Alaykum Wa Rahmat Allah Sister,

There are other ayat from which you can derive a similar conclusion about engaging in secular law--trust me I have spent a lot of time looking in the past:

وَمَن لَّمْ يَحْكُم بِمَا أَنزَلَ اللّهُ فَأُوْلَـئِكَ هُمُ الْكَافِرُونَ
And whosoever does not judge by what Allah has revealed, such are the disbelievers
(Quran 5:44)

وَمَن لَّمْ يَحْكُم بِمَا أنزَلَ اللّهُ فَأُوْلَـئِكَ هُمُ الظَّالِمُونَ
And whosoever does not judge by that which Allah has revealed, such are the wrong-doers
(Quran 5:45)

وَمَن لَّمْ يَحْكُم بِمَا أَنزَلَ اللّهُ فَأُوْلَـئِكَ هُمُ الْفَاسِقُونَ
And whosoever does not judge by what Allah has revealed (then) such are the rebellious to Allah.
(Quran 5:47)

However, as much as I have thought about points similar to those that you raise, I don't trust my own analysis over the analysis of those who have knowledge...and May Allah guide us to the appropriate sources Ameen.

Without answering your question though (as I have insufficient knowledge to do so), I would like to offer some practical advice. First, try sending a question in on islam q & a. You may not get an answer right away, but if you provide the details of your situation, insha'Allah you will get a response that is tailored to your particular circumstances. If the matter is pressing though, and you cannot wait for an answer, I have two questions for you:

1. What type of dispute are asking about--i.e. criminal, personal injury, business/financial, corporate...etc.?

2. Have you considered mediation or arbitration?

If the matter is not a quesiton of guilt or innocence in a criminal case, then you might be able to settle the matter through mediation are arbitration (I'm not familiar with the Canadian legal system, but I assume it is similar to the American system)--mediation is generally for smaller matters, and arbitration for corporate matters. In mediation the parties will negotiate a settlement (or at least attempt to) and then agree to the terms without the interference of the courts, a judge, legal formalities etc. In arbitration, you typically appoint a pannel of judges who will hear the claims of both parties and then issue a decision. This too is done out of a courtroom, and although there are rules involved, the parties (at least from what I know) agree to the rules of the arbitration beforehand. If you set the terms so that Sharia' (or I guess to a certain extent fiqh) is complied with in the decision, then you may be able to circumvent dealing with judging by other than the book of Allah. WaAllahu A'alem.

Keep in mind though that this is not possible for a criminal case. However, in criminal cases if a person has been arrested or otherwise detained, they will be taken to court whether they waive the right to a defense or not. I would be surprised if we were not permitted to defend ourselves in that situation, but Allahu A'alem.

Any error is my own and all that is correct is from Allah subhaana wa ta'aala.
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أَقُولُ قَوْلِي هذَا وَأَسْتَغْفِرُ اللهَ لِي وَلَكُم

I say this and invoke Allah for forgiveness for me and for you.

Last edited by Mariam 3:36; 02-18-2008 at 04:22 PM.
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Old 02-14-2008, 02:01 PM   #5
UmmTayyab
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Re: Trapped In Secular Law

Assalamu Alaikum,

Well, I was hoping I could get an answer here as I don't know who answers the questions on Islam QA. I was hoping one of the instructors/sheikhs here could help me, as I trust them.

Again another ayat that troubles me is:

Surah Al Barakah: 257 "Allah is the Walee (Protector or Guardian) of those who believe. He brings them out from darkness into light. But as for those who disbelieve, their Auliya (supporters and helpers) are Taghoot (false deities and false leaders, etc.), they bring them out from light into darkness. Those are the dwellers of the Fire, and they will abide therein forever. "
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Old 02-14-2008, 04:40 PM   #6
Mariam 3:36
Ummat Muhammad
 
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Re: Trapped In Secular Law

Wa Alaykum As-salaam Wa Rahmat Allahi Wa Barakaatuhu,

Insha'Allah you will get a response on here.

Just for future reference,

Info on Islam Question & Answer (Islam Q&A)-- taken directly from their "About Us" page


Quote:
Responses are composed by Sheikh Muhammed Salih Al-Munajjid, a known Islamic lecturer and author.

All questions and answers on th[e] site have been prepared, approved, revised, edited, amended or annotated by Shaykh Muhammad Saalih al-Munajjid, the supervisor of th[e] site.

Subject areas include, but are not limited to, Islamic fiqh and jurisprudence, Islamic history, Islamic social laws (including marriage, divorce, contracts, and inheritance), Islamic finance, basic tenets and aqeedah of the Islamic faith and tawheed, and Arabic grammar as it relates to the Quran and Islamic texts.

The responses are handled by Sheikh Muhammad Salih al-Munajjid, using only authentic, scholarly sources based on the Quran and sunnah, and other reliable contemporary scholarly opinions. References are provided where appropriate in the responses. All requests are held with confidence, and replies are available personally and/or publicly (posted to this site).

A database organized by subject areas, containing common as well as previously asked questions, is available for exploring, either by browsing the entire contents or specific subject areas, or by searching for specific keywords.
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أَقُولُ قَوْلِي هذَا وَأَسْتَغْفِرُ اللهَ لِي وَلَكُم

I say this and invoke Allah for forgiveness for me and for you.
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Old 01-23-2010, 09:36 AM   #7
UmmTayyab
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Re: Trapped In Secular Law

Assalamu Alaikum wa Rahmtullahi wa Barakatoh Mariam,

Jazakum Allahu Khyran for all of your concern and valuable advice. The criminal case we were trapped in has been resolved (at least my husband's charges).

It was a very difficult time, but Alhamdulillah, Allah gave us a Muslim lawyer who understands the way small phrases and jokes that normal Muslims may say can be misrepresented and misconstrued by non-Muslims and look sinister if presented in a twisted or adulterated manner inside a courtroom (or newspaper article, authubillah).
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Old 01-23-2010, 10:18 AM   #8
IbnMasood
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Re: Trapped In Secular Law

My dearest Brothers and Sisters in Islam,

Please.
STOP.
Posting.
IslamQA.
Articles.

Not only is it against forum policy, but IslamQA (and the vast majority of fatwa websites), should not be resources for learning religion. It is much more important that one learn the prinicples of the religion itself to understand fatawa and how they are extracted from fiqh and the texts.

JazakAllahu khayran.

Now for the topic: UmmTayyah, first of all the issue of hijrah/living in non-Muslim/secular countries is subject to legitimate difference of opinion amongst the scholars of our times. In fact I have even heard numerous times from senior students of knowledge that the majority say it is permissible to live in non-Muslim countries as long a person is able to practice their religion freely (i.e. able to practice the wajib freely), which we are generally, especially in Canada.

Note: we are not talking about where it is better to live, as that is dependent on the Muslim's strength of deen and personal preference, rather we are talking about the permissibility of the options available.

As for being judged in a secular court by non-Muslims, there are a couple of things to understand, although I do hope an instructor can chime in and correct me/add more if necessary.

1) Yes it is a law not based on the Qur'an and the Sunnah, but then again which Muslim countries can testify that they observe Shariah law properly? The Answer is none.

2) Despite 1), many of the values and core maxims present in the laws of non-Muslim countries are based upon the maqaasid of the Shariah in Islam, such as valuing the religion, life, intellect, wealth, family and honor of each individual human being. Refer to Sheikh YQ/YB's new lecture on the constitution of the US for more info (it's on youtube).

3) It could even be said that some Muslim governments engage in more oppression against their people than Non-Muslim governments. (although don't get me wrong, this should not be used to say that it is better to live in Non-Muslim countries than Muslim countries, because there are literally TONS of variables to consider).

4) When we emigrated to non-Muslim countries, we automatically agreed to the condition that we would abide by their laws. Therefore when we break a law that we agreed to abide by, we also agreed to be judged by their courts for the law(s) we broke.

5) There is a lot of reading you can do on IslamToday.com, if you go into the Fatwa section (this is one of the very few reliable ones, as they understand the situation of their questioners better, which is one of the prerequisites for giving fatwa).

Go to the 'Other Religions' section, and then 'Living in Non-Muslim lands'. There you will find many articles of great relevance to your original question (especially the 2nd and last articles in those list, but I urge you to read all of them).

6) In the end when it comes to specific issues, you should ask a knowledgeable Imam or Scholar in you area that you trust. And Alhamdulillah in Toronto we have some highly qualified scholars. If you wish I can refer you to some of them.
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