Working in the judiciary in a country that does not apply Shari`ah
1: I work as a judge in an Islamic country that does not rule according to the Book of Allah and the Sunnah of the Prophet (peace be upon him). Is the money I earn Halal (lawful) or not?
2: If I work as a lawyer in such a country, is the money I earn Halal or not?3: If I work as a professor teaching non-Islamic laws, is the money I earn Halal or not?
who works as a judge and does not rule according to what Allah has revealed has different cases:1. Anyone who does not rule according to what Allah has revealed but rules instead according to positive laws knowingly and indifferently is a Kafir (disbeliever) with the consensus of scholars. The wages or salary of this person is considered ill-gotten and it is unlawful for them to take it.2. Anyone who knowingly does not rule according to what Allah has revealed without considering it to be lawful or not out of negligence but due to fanaticism to a relative, taking a bribe, to harm the interests of a rival (Part No. 23; Page No. 498) or any other similar reason has committed a major sin but this does not take them out of Islam. Such a person is a believer based on the amount of faith they have and a sinner based on the major sin they commit.3. Anyone who does not rule according to what Allah has revealed due to ignorance is a sinner. This person has to quit the job and perform Tawbah (repentance to Allah) from what they have done. Anyone who does that is not an efficient judge but is among the judges threatened to be cast in Hellfire for giving rulings ignorantly and for being unjust. It is not lawful for them to take a salary for doing so.4. Anyone who judges on a case in error after exerting all effort and while being knowledgeable of the rulings of Shari`ah (Islamic law) is not a sinner. This person will be rewarded for their Ijtihad (juristic effort to infer expert legal rulings) and excused for their error. It is permissible for them to take the designated salary or wages.Secondly: As for the lawyer who represents another person in a certain case and works in a country that does not judge according to what Allah has revealed but according to positive laws, they are a Kafir if they knowingly defend falsehood supporting their case with positive laws. The ruling is the same whether they consider what they do to be lawful or if they are negligent and indifferent about opposing the rulings in the Qur'an and Sunnah by following (Part No. 23; Page No. 499) man-made laws. The salary or commission of this person is unlawfully gained and they commit a major sin each time they knowingly defend falsehood despite their knowledge of its prohibition but due to their desire to win the case and be rewarded for it and the money they earn is unlawful. On the other hand, any lawyer who defends a client believing they have the right according to Shari`ah and exerts all efforts to depend on evidence from Shari`ah will be rewarded for their work, excused for their error and entitled to their commission. As for those who defend the rights of others while having some doubt, they will be rewarded and entitled to the agreed commission.Thirdly:
Teaching or studying positive laws with the aim of exposing their falsehood, to distinguish between what is good and what is not and to show the sublimity and comprehensiveness of the Islamic Shari`ah in covering all aspects of life is permissible. It may be obligatory at times when it is necessary to show truth from falsehood and to warn the Muslim Ummah to hold fast to its religion and not to be deceived by positive laws promoted by deviant people. Moreover, it is permissible to take wages for carrying out this mission.As for teaching positive laws believing in them or with the aim of promoting them and drawing an analogy between them and Shari`ah, this is clear opposition to Allah and His Messenger and clear Kufr (disbelief) (Part No. 23; Page No. 500) and deviation from the right path. In addition, taking a salary for doing this is unlawful. We ask Allah to protect us and we seek His refuge from slipping.May Allah grant us success. May peace and blessings be upon our Prophet Muhammad, his family, and Companions.