Does going to non-sharia courts in the presence of sharia courts take one out of the folds of Islam if it is done out of disobedience?
All perfect praise be to Allah, The Lord of the Worlds. I testify that there is none worthy of worship except Allah, and that Muhammad is His slave and Messenger.
It is known that it is not permissible to resort for judgment to courts that judge with man-made laws that contradict the Sharee'ah while there are courts that judge according to the Sharee'ah.
As regards whether or not this reaches the point of disbelief that takes a person out of the fold of Islam?
The Fatwa of the Standing Committee reads about this matter:
“One should resort for judgment to the Book of Allah and the Sunnah of the Prophet . If a person does not resort to them [Book and Sunnah], while believing that it is permissible to resort for judgment to other than them, then he is a Kaafir. But if he does not consider it lawful, and he resorts to man-made laws with the motive of gaining money, honor, or a position, then he is committing a sin and is dissolute. However, he does not go out of the fold of faith.” [End of quote]
The Fatwa also stated:
“Resorting to other than Allah for judgment while believing that the judgment is better than the Judgment of Allah, or that it is equal to the judgment of Allah –is disbelief in Allah, and this is one of the nullifiers of the Two Testimonies of Faith.” [End of quote]
Shaykh Ibn Baaz said while clarifying some examples of major disbelief in this context:
“Whoever believes that the systems and regulations enacted by people are better than the Sharee’ah of Islam or that they are equal to it, or believes that it permissible to resort to them for judgement even if he believes that the judgement of the Sharee’ah is better, or believes that the Islamic system is not applicable in the twentieth century, or that it was the reason for the backwardness of Muslims...then he is a disbeliever by the consensus of the Muslims.” [End of quote]
Allah knows best.
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