Working Within Non-Islamic Law

Question: Is it permissible to work as a judge, lawyer, or attorney within the framework of a non-Islamic Law?

Answer:

Wa alaykum assalam wa rahmatullahi wa barakatuh,

Dear questioner,

Thank you for your important question.

The default assumption is that one only enforce and defend the Sacred law that Allah has prescribed for all mankind.

Allah Most High says, ‘And so judge between them by what Allah has revealed’ (Qur’an, 5: 49).

And He Most High says,

‘And whoever does not judge by that which Allah has revealed, such are the wrongdoers’ (Qur’an, 5: 45).

Litigating for, or issuing a court ruling for a right or penalty that has no possible place in the Qur’an and Sunna is sinful. On the other hand, working within a non-Islamic legal system to achieve something that does fit within the wide and varied understandings of the Qur’an and Sunna is permissible. So, as long as the sphere of law is not in clear contradiction with the Sacred Law, and as long as the specific ruling/right is not in clear contradiction with the Sacred Law it is permissible to work as a judge or lawyer.

For any unclear scenarios, one must ask a qualified mufti whether or not one may issue a certain court ruling or litigate for any particular right or court decision.

Please see:
https://islamqa.org/hanafi/qibla-hanafi/43679

I pray this helps.

[Ustadh] Farid

Checked and Approved by Shaykh Faraz Rabbani

Ustadh Farid Dingle has completed extensive years of study in the sciences of the Arabic language and the various Islamic Sciences. During his studies, he also earned a CIFE Certificate in Islamic Finance. Over the years he has developed a masterful ability to craft lessons that help non-Arabic speakers gain a deep understanding of the language. He currently teaches courses in the Arabic Language