by Is the Wealth of A Judge is lawful according to Islam?
Question:
Ustadz, is the living provided by my husband who works as a district court judge lawful? Since the current laws we have are not based on the Islamic laws. And the standard to issue a decision is also not from/not based on the Islamic laws? Whereas as muslims, we are demanded to issue decisions based on the Islamic laws? And what is the ruling for working as a judge itself? Please include the indications too Ustadz. May Allah rewards you with goodness.
Sent by: Nisa
From: South of Bengkulu
Email: [email protected]
Answered by Ustadz Musyaffa Ad Dariny, MA:
Thank you for your concern in questioning about the shari’a perspective of your problem. May Allah always guides you in following His straight path, aamiin.
Firstly: A judge, attorney, or qadhi is a very tough and risky job in Islam, and the Messenger of Allah – peace and prayer of Allah be upon him- had warned his followers to be cautious in bearing that mandate. Think about the saying of the Prophet below:
القضاة ثلاثة واحد في الجنة واثنان في النار. فأما الذي في الجنة فرجل عرف الحق فقضى به ورجل عرف الحق فجار في الحكم فهو في النار ورجل قضى للناس على جهل فهو في النار [رواه أبو داود واللفظ له (3573) والترمذي (1322) وابن ماجه (2315) وصححه الألباني]
“Qadhi (decision maker) are divided into three categories, one of them will enter Paradise, and the other two in Hell. The one who’ll enter Paradise is a qadhi who knows about the truth and decides based on it. Whereas a qadhi who knows about the truth but deliberately wrongs people by his decision, will be in Hell. Likewise, a qadhi who decides without knowledge, will be in Hell.” (Narrated by Abu Daud, At Tirmidhi, and Ibn Maja, classed valid by Al Albani).
من ولي القضاء أو جعل قاضيا بين الناس فقد ذبح بغير سكين [رواه أبوداود (3571) والترمذي واللفظ له (1325) وابن ماجه (2308), قال الألباني: حسن صحيح]
“Whoever appointed as a qadhi (decision maker) among men, then indeed, he has been slaughtered without using a knife (sharp object).” (Narrated by Abu Daud, At Tirmidhi, and Ibn Maja. Al Albani said, “Hasan shahih”).
These two hadith bear a warning to the muslims to be extra cautious in bearing the mandate of qadhi, and not completely forbid it. Because however, there must be a qadhi (judge), to give decision over society problems, based on the complete and perfect Islamic laws.
Secondly: The job as a judge (qadhi) in countries which do not apply the Islamic laws, is prohibited, due to the reasons below:
(a). A muslim is obliged to use the shari’a laws in deciding his problem, as mentioned in Allah’s decree:
وَمَا اخْتَلَفْتُمْ فِيهِ مِنْ شَيْءٍ فَحُكْمُهُ إِلَى اللَّهِ
“The judgement on whatever you differ rests with Allah. Such is Allah, my Lord; in Him I have put all my trust and to Him I always turn in devotion.”(QS. Asy-Syura/The Consultation:10)
فَإِنْ تَنَازَعْتُمْ فِي شَيْءٍ فَرُدُّوهُ إِلَى اللَّهِ وَالرَّسُولِ إِنْ كُنْتُمْ تُؤْمِنُونَ بِاللَّهِ وَالْيَوْمِ الآخِرِ
“Believers! Obey Allah and obey the Messenger, and those invested with authority among you; and then if you were to dispute among yourselves about anything refer it to Allah and the Messenger if you indeed believe in Allah and the Last Day; that is better and more commendable in the end.” (QS. An-Nisa’/The Women: 59)
In fact, all of Islamic scholars have agreed that people who followed the laws other than Islamic/shari’a laws is kufr, if he did it with a belief that it was lawful to do so, whereas he knew about the verses of Qur’an and hadith that prohibited it.” (Refer to the Fatwas of Lajnah Da’imah, no. 1329).
(b). It could be certain that he would use or follow other laws and not the Islamic laws, whereas Allah declared,
(وَمَنْ لَمْ يَحْكُمْ بِمَا أَنْزَلَ اللَّهُ فَأُولَئِكَ هُمُ الْفَاسِقُونَ)… (وَمَنْ لَمْ يَحْكُمْ بِمَا أَنْزَلَ اللَّهُ فَأُولَئِكَ هُمُ الظَّالِمُونَ)… (وَمَنْ لَمْ يَحْكُمْ بِمَا أَنْزَلَ اللَّهُ فَأُولَئِكَ هُمُ الْكَافِرُونَ)
“and those who do not judge by what Allah has revealed are the transgressors.” (QS. Al-Ma’idah/The Table Spread: 47)… “Those who do not judge by what Allah has revealed are indeed the wrong-doers.”(QS. Al-Ma’idah/The Table Spread: 45)…”Those who do not judge by what Allah has revealed are indeed the kufr/unbelievers.”(QS. Al-Ma’idah/The Table Spread: 44). The meaning of ‘kufr’ in this verse is the minor kufr, which doesn’t expel a person from Islam, if he still believe that it is compulsory to judge by Islamic shari’a. For further explanation please refer to: Tafseer Ibn Katsir, 3/119).
أَفَحُكْمَ الْجَاهِلِيَّةِ يَبْغُونَ وَمَنْ أَحْسَنُ مِنَ اللَّهِ حُكْمًا لِقَوْمٍ يُوقِنُونَ
“(If they turn away from the Law of Allah) do they desire judgement according to the Law of Ignorance? But whose judgement can be better than Allah’s for those who have certainty of belief?” (QS. Al-Ma’idah/The Table Spread: 50)
And since the job itself is unlawful, then the salary from that job is also unlawful, and Allah knows best.
Thirdly: Insha Allah, there are still many other jobs which are easy to do, lawful, and could be used to earn the living. But if the person is forced to engage in the world of law, then what is safer for him is by working as an attorney, as long as he defends the right and prosecutes the wrong according to Islam.
The Standing Committee for Scientific research and fatwa, kingdom Saudi Arabia, which was lead by Sheikh Abdul Aziz Ibn Baz said.” As for lawyers or attorneys in countries that apply the manmade constitution which goes against Islamic shari’a:, then:
(a). Each of his advocacy to defend the wrong side – whereas he knew that it was wrong – by using the existing manmade constitutions, would cost him his faith – means that he has been kufr if he believed that what he had done was lawful, or he didn’t care even though it was against the Qur’an and sunnah. Thus, the salary he received was also unlawful.
(b). Each of his advocacy to defend the wrong – whereas he knew that it was wrong, but he still believed that what he did was unlawful, and he agreed to defend it because of the payment, then he had committed a major sin, and the payment he received was unlawful for him.
(c). But if he defended a person who he believed was in the right side according to indications in shari’a, then he would be rewarded for his deed, his mistake would be forgiven, and he deserved to get paid for his advocacy.
(d). Likewise, if he prosecuted the right on behalf of his brother who he believed was rightful to have it, then he would be rewarded for that, and deserved to get paid according to the agreement between them.” (See: Fatwa of Lajnah Da’imah, fatwa no. 1329).
The point is, if your husband works as an advocate/lawyer, he should choose to help and defend the case of people who is in the right side according to shari’a. By that, insha Allah, he will get the worldly and Hereafter rewards.
Fourthly: The living you’ve already received from your husband who works as a district court judge, insha Allah, was and is lawful, because you got it from a lawful way, by living given to you from your husband. Thus in this case, the salary was unlawful for your husband but when he gave it to you, it turned to be lawful.
The indication that supports this law is a principle in jurisprudence, which stated: “The change of the cause of ownership is similar to the changing of the goods itself.” Thus, your husband salary is unlawful for him, because the cause of ownership is by following other laws than Islamic laws, but it becomes lawful when it reaches you, because the cause of ownership is the living provided for a wife. Why is that? Because by the changing of the cause of ownership, the goods is considered to wholly change, and since it has changed, then the ruling for it is also changed. And Allah knows best.
The basis of the principle above is a hadith of the Prophet -peace and prayer of Allah be upon him- :
عَنْ عَائِشَةَ رَضِيَ اللَّهُ عَنْهَا: دَخَلَ رَسُولُ اللَّهِ صَلَّى اللَّهُ عَلَيْهِ وَسَلَّمَ وَبُرْمَةٌ عَلَى النَّارِ فَقُرِّبَ إِلَيْهِ خُبْزٌ وَأُدْمٌ مِنْ أُدْمِ الْبَيْتِ فَقَالَ أَلَمْ أَرَ الْبُرْمَةَ فَقِيلَ لَحْمٌ تُصُدِّقَ بِهِ عَلَى بَرِيرَةَ وَأَنْتَ لَا تَأْكُلُ الصَّدَقَةَ قَالَ هُوَ عَلَيْهَا صَدَقَةٌ وَلَنَا هَدِيَّةٌ (متفق عليه واللفظ لمسلم)
“From ‘Aisha -may Allah be pleased with her-: (One day) the Messenger of Allah -peace and prayer of Allah be upon him- entered the house, and (he saw) a pot that was on the stove. Then he was served with bread and other dishes that usually were served at home. Then he asked, ” Didn’t I see a pot (containing meat)?!”. Somebody answered, “It is the meat that was given as alms to Barira, (then she presented it to us), whereas you don’t consume alms!”. Then he said, “The meat was an alms for her, but it is a present for us.” (Narrated by Bukhari and Muslim, and the text is Muslim’s).
See how the ruling of the meat changed, from an alms into a present. From a thing that was previously unlawful for the Prophet, into a lawful one. The reason was the changing of the cause of ownership.
Fifthly: However, you should deny the existing wrongdoing by reminding your husband to switch to another profession that is better and safer. Even though consuming the wealth given by your husband who follows other laws than Islamic laws is lawful for you, but if you can avoid it, then it will be better and safer for you. And certainly we know that the blessing bestowed only upon wealth which source is lawful.
Sixthly: Last, we should believe that:
(a). Whoever fears Allah, He certainly will not leave him alone and He will show him the way out of every problem that he faces, as in His decree:
وَمَنْ يَتَّقِ اللَّهَ يَجْعَلْ لَهُ مَخْرَجًا وَيَرْزُقْهُ مِنْ حَيْثُ لَا يَحْتَسِبُ
“”Allah will find a way out for him who fears Allah, and will provide him sustenance from whence he never even imagined.” (QS. At-Thalaq/The Divorce :2-3).
(b). Every one will receive the part of sustenances that were ordained for him, so don’t be afraid that if you obeyed Him, your sustenances would decrease. Remember the saying of the Messenger of Allah -peace and prayer of Allah be upon him-: ” Indeed, the angel Gabriel has whispered to me that every person will not die until his end comes and he has taken all of his sustenances. Therefore, fear Allah and pray for the good things, and don’t let the sluggishness of your sustenance cause you to violate Allah’s laws, because whatever comes from Him, will not be achieved but by obeying Him.” (Narrated by Abu Nu’aim and others; classed good by Al Albani in “silsilah shohihah”, hadith no: 2866)
(c). Obeying the shari’a is the reason of the increasing of sustenance, blessing, and salvation in this world and in the Hereafter.
Allah decreed,
وَلَوْ أَنَّ أَهْلَ الْقُرَىٰ آمَنُوا وَاتَّقَوْا لَفَتَحْنَا عَلَيْهِمْ بَرَكَاتٍ مِنَ السَّمَاءِ وَالْأَرْضِ
“Had the people of those towns believed and been God-fearing, We would certainly have opened up to them blessings from the heavens and the earth;” (QS. Al-A’raf/The Height:96).
He also decreed:
وَمَنْ يَتَّقِ اللَّهَ يَجْعَلْ لَهُ مَخْرَجًا وَيَرْزُقْهُ مِنْ حَيْثُ لَا يَحْتَسِبُ
“Allah will find a way out for him who fears Allah, and will provide him sustenance from whence he never even imagined.” (QS. At-Thalaq/The Divorce :2-3).
Also bear in your mind the saying of Prophet Noah to his people, as revealed in the Qur’an:
فَقُلْتُ اسْتَغْفِرُوا رَبَّكُمْ إِنَّهُ كَانَ غَفَّارًا يُرْسِلِ السَّمَاءَ عَلَيْكُمْ مِدْرَارًا وَيُمْدِدْكُمْ بِأَمْوَالٍ وَبَنِينَ
“I said to them: “Ask forgiveness from your Lord; surely He is Most Forgiving. He will shower upon you torrents from heaven, and will provide you with wealth and children, and will bestow upon you gardens and rivers.” (QS.Nuh/Noah: 10-12).
And last but not least, remember the message of Prophet Moses in the verse below:
اسْتَعِينُوا بِاللَّهِ وَاصْبِرُوا ۖ إِنَّ الْأَرْضَ لِلَّهِ يُورِثُهَا مَنْ يَشَاءُ مِنْ عِبَادِهِ ۖ وَالْعَاقِبَةُ لِلْمُتَّقِينَ
“Moses said to his people: “Seek help from Allah and be steadfast. The earth is Allah’s, He bestows it on those of His servants He chooses. The end of things belongs to the God-fearing.” (QS. Al-A’raf/The Height:128)
And Allah knows best. That is our answer, may it benefits you.
Wassalam.
Author: Ustadz Musyaffa Ad Dariny, Lc
