Tahakum & Using the Courts & the Kufr Legal System

09 May

Question 1 [Tahakum & Using the Courts & the Kufr Legal System]:

We have read in the book Al-Thalaatheeniyyah fit-Tah’theer min al-Ghuluww fit- Takfeer by Sheikh al-Maqdisi (May Allah Hasten his release). Apart where he writes about the issue of filing court-cases, and seeking judgement from the taghut in situations of ikrah or so, and that it is best not to do so (‘azeemah), but that those who do so out of some ikrah, are not out of the fold of Islam, etc.; we remember reading something a long time ago, and if we remember correctly, Insha’Allah, it is discussed in that book. There are brothers here, may Allah guide them and us, who spend an extraordinary amount of time running around in the maze of the taghut’s law-system, day and night; while giving little time to the worship of Allah. And various brothers are at various levels within this description. We seek refuge in Allah from being negligent of His ‘Ibdadah. Can you please advise us regarding this issue?

Also what are the matters that are permissible or fardh to address through their kufr system? Can a Muslim try to defend himself to ward off the evil of being imprisoned by obtaining a lawyer or studying their law in order to better defend his case? Also in some prisons, like ours they do not allow us to make the adhan or pray in jama’ah or to have Jumu’ah. This is not allowed even by their own law. Can we complain to them and fight in their courts to have this right re-established or is this not even this allowed? Can you please clarify these issues for us as we wish to do what is most pleasing to Allah and do not wish to be of those who transgress the limits set by Allah and His Messenger Salalahu Alaihis Wa Salaam?


In the Name of Allah, the Merciful, the Compassionate;

[Through forgetting some of the details of the first question], the Shaykh [Abu Muhammad al-Maqdisi] did not initially provide a ruling on the permissibility of litigation for the harm caused by the management of prisons or the government, [however] with respect to seeking the right for brothers to establish the congregational prayer or to hold study lessons and also considering (the view) of those who pursue litigation in order to seek those rights, that they have not disbelieved in doing so.

The Shaykh said that it is upon the brothers to be exhaustive in litigating, demanding their above-mentioned rights with a complaint to the Human Rights organizations, in order to appeal for these rights.

[As for the part that was forgotten initially regarding] finding a lawyer for the defense of the brother during the trial, then the Shaykh himself had found a lawyer to defend him and the lawyer carried out the legal procedures in order to defend the Shaykh, and before the ‘resting’ of the defense, he raised an objection before the court of appeals against the ruling which ‘bundled’ against the Shaykh, seeing his condition and the condition of the brothers who were tried in courts that were in reality trying them and they were not the ones bringing suit; so among their rights is to defend themselves.


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