Q&A (Fatwa)

#1084: On Practicing Law In Non Shariah Legal Systems

Assalamu Alaikum wa rahmatullah wa Barakatuh. Q2. Is practicing law in the system of Nigerian government permissible.”

ANSWER:

Wa Alaykum Salam Warahmatullah Wabarakaatuh.

Know, O Beloved one that Systems that govern with other than the Revelation of Allah and the Guidance of the Rasul are Systems of Jahiliyyah and Allah has said:

أفحكم الجاهلية يبغون ومن أحسن من الله حكما لقوم يوقنون

And is it the Legal System and Rulings of Jahiliyyah that they sought? And who is better in Judging to those who have Certainty (of Imaan)”

There is no Legal Ruling whether systemic or non systemic that a Believer in Allah and the Last Day put ahead of the Shar’iah of Allah.

The premise upon which the difference between the Shariah of Allah and the Judgements of Jahiliyyah is built is the fact that in Shar’iah Systems of Government, the entirety of the people return judgment on matter of dispute and disagreement to the Shar’iah of Allah and the Guidance of the Rasul salallahu alayhi wasallam whereas in Jahiliyyah Systems of Government like that we have today and here at home, they refer their matters of dispute back to the Constitutions they imported from America and other Kufr Countries that derive their sources from human understanding, judgement and thinking. From this you see how worse and bad these Systems are. These Kuffaar from whom they imported these Systems are not just Kuffaar in Allah and the Messenger, they are haters of Islam and the ones that invaded the Muslim Lands, killed the Ulama and Leaders, scorched the lands, killed and maimed Muslims and destroyed the Khilaafah generations back. Had these systems derived from people who are Kuffaar and not haters and killers of Islam, the Kufr in their systems would have been less than that with which they come. It gets worse when you consider that some Muslims out of mischief consider these systems fair and stick around with it.

A person that believes in Allah and the Last Day, knowing that which we have preceded with, will be dedicated to reversing these pervert systems and returning the Shar’iah of Allah, not cementing and giving it more life.

There is nothing wrong in studying the workings of these Systems and practicing it IF the essence behind that is the support of the weak and the protection of the voiceless.

And Allah knows best.
Jazakumullahu Khayran

Abū Asim

15th Rabiu Al-Awwal, 1442AH.

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