Muslim cannot be a judge under non-Islamic authorities unless he takes this position with intention of giving justice to Muslims and non-Muslims, provided that his own decision is in agreement with Islamic law.

Working in a Man-Made Judicial System

Similar Questions

• Taking up a judicial post in a non-Muslim country;
• Serving as a judge under an authority that does not judge according to God’s revelations;
• Jury membership.

The Issue

A Muslim who lives outside the Muslim World may take up a judicial post or participate in some capacity in the process of administering justice under a non-Muslim authority.

 

Ruling

The basic ruling is that it is forbidden for a Muslim to serve as a judge under an authority that does not judge in accordance with God’s revelations, unless serving in such a capacity is necessary to repel some grievous harm that may befall the Muslim community, to preserve rights, protect people’s honour and property and to endeavour to administer justice to those who suffer injustice. A similar exception is considered when there is no legitimate alternative that is able to remove injustice and give people their rights; provided that whoever takes up such a judicial post should be well versed with Islamic law and should make his judgements according to it wherever possible. He should also be opposed at heart to the administration of a man-made law, considering lawful only those of its provisions that are in agreement with Islamic law.

It is permissible for a Muslim to sit on a jury with the intention of giving justice to Muslims and non-Muslims, provided that his own decision is in agreement with Islamic law.

It is a duty of Muslim communities to endeavour to settle their disputes within Islamic law. They should seek through legal channels to persuade the governments of the countries they live in to allow them to put disputes to their own tribunals that administer Islamic law, particularly in questions relating to personal and family law.

This was the view adopted by the Assembly of Muslim Jurists of America in the third decision of its second session and endorsed in the eighth decision of its fifth session.

Evidence

God has forbidden judgement in accordance with any law other than Islamic law. The prohibition is stated in many texts. Among the clearest of these texts are:

The permissibility of the aforementioned situations is due to their being needful. This ruling remains within the area of what is exceptional and what is necessary. 

Sources

• Decisions by the Assembly of Muslim Jurists of America.
• Waleed al-Mineesi, ‘The Permissible and the Forbidden in Judicial Work in non-Muslim Countries’: a paper presented to the fifth annual convention of the Assembly of Muslim Jurists of America, held in Manama, Bahrain.