Wednesday, 11 May 2011

Referring to the International Court of Justice

Referring to the International Court of Justice
What is the ruling on referring matters to the International Court of Justice?


Praise be to Allaah. 

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):

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]

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]

in whatsoever you differ, the decision thereof is with Allaah (He is
the ruling Judge)” [al-Shooraa

 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):

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).’

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]

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.


From Majmoo’ Fataawaa wa Maqaalaat Mutanawwi’ah li Samaahat al-Shaykh al-‘Allaamah ‘Abd al-‘Azeez ibn Baaz (may Allaah have mercy on him), p.5.

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