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Fatwa CenterFearing loss of a job does not justify judging according to other than the Sharee’ah
Question
If the law includes rulings that contradict those of the Sharee‘ah (Islamic jurisprudence), such as bans on polygamy and annulment of certain marriages despite their validity in Islam, is it permissible for the judge to issue verdicts according to it? Moreover, can he give them precedence over Islamic legislations, knowing that if he violates the law, he risks punishment that may amount to dismissal from his job?
Answer
All perfect praise be to Allaah, The Lord of the worlds. I testify that there is none worthy of worship except Him, and that Muhammad, sallallaahu ‘alayhi wa sallam, is His slave and Messenger.
Allaah The Almighty ordered us to make His Book the ultimate arbitrator and to shun the whims of man that contradict it, when He Says (what means):
· {And judge, [O Muhammad], between them by what Allaah has revealed and do not follow their inclinations and beware of them, lest they tempt you away from some of what Allaah has revealed to you. And if they turn away - then know that Allaah only intends to afflict them with some of their [own] sins. And indeed, many among the people are defiantly disobedient.}[Quran 5:49]
· {Indeed, We have revealed to you, [O Muhammad], the Book in truth so you may judge between the people by that which Allaah has shown you. And do not be for the deceitful an advocate.} [Quran 4:105]
· {But no, by your Lord, they will not [truly] believe until they make you, [O Muhammad], judge concerning that over which they dispute among themselves and then find within themselves no discomfort from what you have judged and submit in [full, willing] submission.}[Quran 4:65]
· {Then is it the judgment of [the time of] ignorance they desire? But who is better than Allaah in judgment for a people who are certain [in faith].}[Quran 5:50]
Whoever knows the ruling of Allaah The Almighty regarding a certain issue, it is impermissible for him to violate it or follow something else. Needless to say, issuing Fatwas (legal rulings) or judging according to another law is even more prohibited, as Allaah The Almighty Says (what means): {It is not for a believing man or a believing woman, when Allaah and His Messenger have decided a matter, that they should [thereafter] have any choice about their affair. And whoever disobeys Allaah and His Messenger has certainly strayed into clear error.}[Quran 33:36]
As long as He has permitted for the man to marry four women, it is forbidden for anyone to say or judge otherwise. Furthermore, invalidating the second marriage contract represents nullification of the Sharee‘ah and prohibiting what Allaah the Almighty has permitted. It is not allowed for anyone to commit such an act of disbelief.
Shaykh Al-Islam Ibn Taymiyyah 
said that if anyone knows the decree of Allaah The Almighty and His Messenger, sallallaahu ‘alayhi wa sallam, pertaining any matter and then ignores it to follow another’s, he is considered an apostate and a disbeliever. Allaah The Almighty Says (what means): {[This is] a Book revealed to you, [O Muhammad] - so let there not be in your breast distress therefrom - that you may warn thereby and as a reminder to the believers. Follow, [O mankind], what has been revealed to you from your Lord and do not follow other than Him any allies. Little do you remember.}[Quran 7:2-3]
Ibn Taymiyyah further said that even if a person is beaten and jailed, in an effort to make him abandon the ruling of Allaah The Almighty, he still has no justification of abandoning it. Rather, it remains his duty to adhere to the law of Allaah The Almighty, Who Says (what means):
· {Do the people think that they will be left to say, "We believe" and they will not be tried? But We have certainly tried those before them, and Allaah will surely make evident those who are truthful, and He will surely make evident the liars.}[Quran 29:2-3]
· {And We will surely test you until We make evident those who strive among you [for the cause of Allaah] and the patient, and We will test your affairs.}[Quran 47:31]
· {Or do you think that you will enter
Accordingly, the judge, scholar, Mufti (one who issues legal rulings in Islam) and everyone else, must speak the truth and expound it, even if it leads to dismissal from their positions or other distress. Verily, Allaah The Almighty is predominant over His affair, but most of the people do not know.
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