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In the Name of God بسم الله

Is being a Judge in the West wrong?

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  • Advanced Member

Aoa, 

I saw an interesting comment on an Instagram post today. The post is about Raffia Arshad, the first female judge in the UK who also wears a head scarf/covering/ hijab. 

The comment was:

"Isn't ruling by something other than the law of Allah haram and constitutes kufr?" 

I dont want to get into the nitty grittys of the question, so lets take an example of something very common in the UK and publicly accepted: Zina. 

In the UK, the judge cannot punish any 2 people for committing Zina, however it is punishable in Islamic Law. Also, I am well aware that Muslim countries don't follow Sharia down to the dot. There are loopholes, and many of the laws are not publicly followed as well, such as in Pakistan, Malaysia, and others we dont have a law about hijab/head covering of any kind. However, Iran and Saudi Arabia does. But, then Iran and Saudi Arabia has loopholes and shisha lounges are very common there, mixed gatherings are allowed, etc. Not stating my opinion on it, not saying I'm pious and free of all sins, just saying these are things The Prophet SAW and therefore Allah (سُبْحَانَهُ وَ تَعَالَى) would never approve of. 

 

Henceforth, being a judge here is also the same as the West since it doesnt follow Sharia down the dot. But then, the world wouldn't work like that. I understand that atleast officially Iran and Saudi are following Sharia and it might be better than there, but since theres always loopholes, and the powerful/bribery gets away with it even in these countries, then is it okay to do the same in the UK? 

One last thing, 

I also know Prophet SAW during his time didn't put non Muslims under sharia Law, they were judged by their religious leaders and punished by their law (atleast what ive read) so if this is true, then Im asking about Muslims committing such sins and their families bringing them to court, if for example they came to her and she still can't pass the judgement by Sharia Law, then what? Is there no expense on her part on the Day of Judgement or is there? 

I thought of it like this too, if i work in the grocery store, and sell pork/wine, etc. to non muslims and muslims, will i be held accountable? this is how i relate it to my own life and why I want to know the answers. 

Just a few thoughts. All advice and guidance is welcomed! 

 

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  • Unregistered

 Innocent people have been punished. Guilty people have been freed.

The court system is not for justice.

It's just a game being played between the 2 teams, lawyer and prosecuter. The judge can be seen as the referee.

Attorney: one who is legally appointed to transact business on another's behalf

https://www.merriam-webster.com/dictionary/attorney

Legal entity, fictional person. Lawful vs legal. Illegal vs unlawful. Maritime admiralty law.

Why the all caps name? why the yellow/gold fringe in the flag?

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  • Advanced Member

It’s a long topic. If she is a Shia Muslim, then it depends on her marja’ ruling if she can proceed with her law career in non-Muslim majority, Western country. The general rule is that Muslims in non-Muslims countries should follow local laws as long as they don’t openly contradict jurisprudential laws, which in this time and age is the case in many states. Then comes an issue of a concept of the system of rule that one’s marja’ believes in. Some will tell her that’s it’s haram to rule by Western laws, some would tell her she can issue verdicts on issues that do not contradict or violate Islamic laws, others would of told her that she can practice her career as the just and lawful society can be established only and under the Imam al-Mahdi (عجّل الله تعالى فرجه الشريف). At the end of the day, only Allah (سُبْحَانَهُ وَ تَعَالَى) knows her intentions and He (سُبْحَانَهُ وَ تَعَالَى) will judge her on that. 

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  • Advanced Member
1 hour ago, OrthodoxTruth said:

some would tell her she can issue verdicts on issues that do not contradict or violate Islamic laws

I'm sure this is the most accurate, and would apply to any other profession as well. 

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  • 1 month later...
  • Basic Members

Bismillahir Rahmanir Rahim

As-Salamu Alaykum wa Rahmatullahi wa Barakatuhu

Below is the ruling of Ayatollah Sistani; you can send istifta to other maraji if you like, but I am fairly certain all qualified ulama, Sunni and Shi'i, agree upon this matter.

Question: Is it permissible for a holder of a law degree to become a judge in non-Muslim countries in which he acts according to their laws?

Answer: It is not permissible to administer judgement for those who are not qualified, and [it is not permissible to judge] based on non-Islamic laws.

https://www.sistani.org/english/book/46/2054/

I hope this answers your question.

Wa salam

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