Aslam

Praise be to Allah.The saheeh evidence of the Qur’aan and Sunnah indicates

that it is obligatory for all the Muslims – on the individual, community,

governmental and international levels – to refer any disputes or arguments

that arise among them to the laws of Allaah, and to submit to Him and

accept His laws. Among this clear evidence are the aayahs (interpretation

of the meaning):

“But

no, by your Lord, they can have no Faith,

until they make you (O Muhammad) judge in all disputes between them,

and find in themselves no resistance against your decisions, and accept

(them) with full submission

[al-Nisaa’ 4:65]

“Do

they then seek the judgement of (the days of) Ignorance? And who is

better in judgement than Allaah for a people who have firm Faith.”

[al-Maa’idah 5:50]

“O you who believe! Obey Allaah

and obey the Messenger (Muhammad), and those of you (Muslims) who are

in authority. (And) if you differ in anything amongst yourselves, refer

it to Allaah and His Messenger, if you believe in Allaah and in the

Last Day. That is better and more suitable for final determination”

[al-Nisaa’ 4:59]

“And

in whatsoever you differ, the decision thereof is with Allaah (He is

the ruling Judge)” [al-Shooraa

42:10]

And there are many similar aayaat.

From these verses we know that it is not permissible

for the Muslim to refer for judgement to man-made laws, or to tribal

customs that go against sharee’ah.

My sincere advice in this matter to the rulers of

all Muslim states – because of the many conflicts that have arisen among

them and are still continuing – is that the only way that they should

resort to in order to resolve these conflicts among their states concerning

properties, rights, political boundaries, etc., is to refer to the laws

of Allaah. This may be done by forming a committee or sharee’ah court

made up of scholars of sharee’ah who are acceptable to all in terms

of their knowledge, understanding, fairness and piety, who will look

at solutions to the conflicts then will pass judgement in accordance

with what the sharee’ah of Islam dictates. They should realize that

what some of them have done, by referring to the International Court

of Justice and similar non-Islamic organizations comes under the heading

of referring to laws other than the laws of Allaah, and it is not permissible

to judge by those laws or to apply them to cases between Muslims. They

must avoid doing that; let them fear Allaah and pay heed to the punishment

with which He warns those who go against His laws. As Allaah says (interpretation

of the meaning):

“But

whosoever turns away from My Reminder (i.e. neither believes in this

Qur’ân nor acts on its teachings) verily, for him is a life of hardship,

and We shall raise him up blind on the Day of Resurrection.

He will say: ‘O my Lord! Why

have you raised me up blind, while I had sight (before).’

(Allaah)

will say: ‘Like this: Our Ayaat (proofs, evidences, verses, lessons,

signs, revelations, etc.) came unto you, but you disregarded them (i.e.

you left them, did not think deeply in them, and you turned away from

them), and so this Day, you will be neglected (in the Hell-fire,

away from Allaah’s Mercy).’”

[Ta-Ha 20:124-126]

“And

so judge (you O Muhammad) among

them by what Allaah has revealed and follow not their vain desires,

but beware of them lest they turn you (O Muhammad) far away from some

of that which Allaah has sent down to you. And if they turn away, then

know that Allaah’s Will is to punish them for some sins of theirs. And

truly, most of men are Faasiqoon (rebellious and disobedient to Allaah).

Do they then seek the judgement

of (the days of) Ignorance? And who is better in judgement than Allaah

for a people who have firm Faith”

[al-Maa’idah 5:49-50]

The aayaat which point to the same meaning are many, all of which

reinforce the fact that obedience to Allaah and His Messenger is the

means to happiness in this life and blessing in the Hereafter, and that

disobeying His Messenger and turning away from the Reminder of Allaah

and His rulings is the means to a life of hardship and misery in this

life and torment in the Hereafter. I ask Allaah to guide us all to the

truth, to make us steadfast, to put our affairs right and to help us

to do all that is good for our worldly and religious affairs. May He

cause us all to accept the judgement of Allaah and His Messenger, for

He is the Most Generous, Most Kind.

May Allaah bless our Prophet Muhammad and all his family

and companions.