Series of Answers by the Eminent Scholar Ata Bin Khalil Abu Al-Rashtah, Ameer of Hizb ut-Tahrir
to the Questions of the Visitors of his Facebook Page "Fiqhi"
To Ibnul Azraq (ইবনুল আযরাক)
Question:
Assalamu Alaikum my beloved Brother. I have an important question to you.
In surah Nisa, ayah number 60, Allah forbid us to go to Taghut for judgement.
But in absence on Khilafah, every lands of Muslims are governed by Taghut leaders?
So, if we need to solve any dispute, Can we go to the court of those Taghut leaders?
Suppose, one of my family members is raped. So is it valid to go to court for judgement where judgement will be done by democratic Taghut?
They are not judging by shariah. And Allah forbids it to go to Taghut who solve a dispute by his own law other than Allah.
Jazakallahu khoir brother.
Answer:
Wa Alaikum Assalam wa Rahmatullahi wa Barakatuh,
We have previously issued an answer to a question on 18/02/2009, which stated:
(It is permissible for those living in Dar al-Kufr (the Abode of Disbelief) where there are no Shariah courts, to resort to the courts in Dar al-Kufr to repel injustice against them and prevent the seizure of their rights, but on the condition that the right is established for them by Shariah, and not by a man-made law that contradicts the Shariah:
For example, if someone is subjected to theft, Islam returns their stolen property to them; therefore, it is permissible for the victim of theft to resort to the courts to recover their stolen property.
Another example is someone who sells their house to a person for an upfront payment with the remainder in installments. The buyer pays a portion but then refuses to pay the rest or denies the debt, despite having purchased and inhabited the house. Islam returns the seller’s right from the buyer; thus, it is permissible for the seller to resort to the courts to recover the price of their house that the buyer has denied.
In this manner, it is permissible for them to resort to courts in Dar al-Kufr to prevent injustice and restore their right, provided that this right is established by Shariah.
However, if the right is established only by man-made law (al-qanun al-wad'i) but contradicts the Shariah, it is not permissible to resort to the courts to obtain this right that contradicts Shariah:
For example: A person who is a shareholder in a joint-stock company with an invalid contract (batil). When profits are distributed, they see that the profit given to them according to their shares is less than what is due according to the company's rules. It is not permissible for them to resort to the courts of Dar al-Kufr to obtain the full amount based on their shares. This is because this right is established by man-made law and contradicts Shariah, as this type of company is invalid and the resulting profits are not recognized by Shariah. The duty of the Muslim is to withdraw from such a company.
Another example: A person who places their money in a bank for riba (interest/usury) at a certain percentage, but when the bank gives them their portion, it calculates the interest at a lower rate than what was agreed upon. It is not permissible for them to resort to the courts of Dar al-Kufr to demand the full interest rate and force the bank to pay it. This is because this right is established according to man-made law which permits usurious banks, but it is not established according to Shariah. The duty of the Muslim is to cancel this usurious transaction with the bank.
**Thus, if a person is wronged or their right is seized, and this right is established according to the rules of Shariah, they may resort to the courts of Dar al-Kufr where they live to lift the injustice and restore their right. If the right is established by man-made law and not by the rules of Shariah, then it is not permissible to resort to the courts of Dar al-Kufr to obtain it... Nonetheless, it is better for the person to try and recover their right by seeking the help of mediators from the people of virtue before resorting to those courts.) End of our previous answer.
I hope this answer is sufficient, and Allah is All-Knowing and All-Wise.
Your Brother, Ata Bin Khalil Abu Al-Rashtah
14 Rabi’ al-Akhir 1441 AH Corresponding to 11/12/2019 CE
Link to the answer from the Ameer's page (may Allah protect him) on Facebook
Link to the answer from the Ameer's page (may Allah protect him) on the Web