Ruling of Working in Court
There are two types of court, shari’a court (religious court) and general court that use positive laws.
This second type could further be divided into two; court that use laws that differ from Allah’s law in various criminal cases, and court for deciding cases regarding administrative cases (for example, constitutional court, -ed).
Ruling of Working in Court needs to be detailed, depends on the type of the court
If the court adopt shari’a law (in the matter of inheritance, etc) or general court that doesn’t use laws that against the shari’a law, it is allowed to work in it; whether as a common employee, a judge, or an attorney.
In contrast, if the court is a general court that tends to use laws that are different from shari’a laws in cases of murder or other kind of criminal act, it is not allowed to work there, even just as an administration staff. It is considered as helping one another in committing sin and hostility, something forbidden in this religion, as revealed in the second verse of chapter Al Maida/The Table Spread.
If a person continues to work at that court as a judge, then he’ll be included as a person who use human-made laws that inappropriate with Allah’s law, and this is considered as a major sin; even worse, it may drag him to infidelity, expelling him from his religion.
If he works there as an attorney, he is also doing a forbidden job, since he’ll prosecute people whom he actually knows innocent. Likewise, if he takes the position of a defendant, he’ll demand to free people whom are rightful to be whipped, stoned, or executed to death. Certainly these acts are against law and thus, it is not allowed to work in it or support anyone who work in such occupation.
Sheikh Muhammad Ibn Ibrahim said, “A worse and clearer act that against the shari’a, being arrogant, refusing to use shari’a laws and defying Allah and His messenger, is establishing general courts which use man-made laws, such as the French, American, British or other country’s laws. What infidelity that is worse than this one! There is nothing that nullify one’s testimony regarding the messenger more than this act.” (See: Tahkim al Qawanin, page 7).
The scholars in Lajnah Daimah said, “If working as an attorney or judge is to show that a truth is a truth, and evil is evil, which parameter is the shari’a, return rights to its owner, and defend oppressed people, then is a legal job, because it contains element of helping one another in good and piety. If the aims are not the ones mentioned above, then it is not allowed (to do it, -ed) because it is included as helping one another in committing sin and hostility.”
A fatwa signed by Sheikh Abdul Aziz bin Baz, Sheikh Abdurrazzaq Afifi, Sheikh Abdullah bin Ghadayan, and Sheikh Abdullah bin Qaud. (Fatwas of Lajnah Daimah, 1:793-794).
Author: Ustadz Aris Munandar, MPi