Q 13: What is the ruling on
seeking judgment at the American judiciary system in disputes between Muslims,
whether in divorce, commerce or other matters?
It is impermissible for a Muslim to seek judgment at a common law court except in case of necessity, if there are no Shari`ah (Islamic law) courts. If they are given rights they do not deserve, it will be impermissible for them to take them.
If a person seeks arbitration from a Muslim man, whether an Imam (judge), a Da`y (caller to Islam) or anyone else in disputable matters among the Muslims,
such as divorce, Khul` (divorce at the request of the wife in return for compensation to the husband) or commerce, is his judgment binding for them?
If this arbitration is made for reconciliation between the parties, it will be Mustahab (desirable) to abide by it, as it purifies the heart from envy, hatred and revenge. However, if it is made as a judgment, (Part No. 23; Page No. 503) and the judge is able to undertake this mission, being wise and knowledgeable, the judgment will be binding for both parties and must be carried out.May Allah grant us success. May peace and blessings be upon our Prophet Muhammad, his family, and Companions.