Is it permissible for a Muslim to do the work of a Sheriff of the court which entails: Serving summons and other documentation on behalf of the courts to people. Attaching (they mark the property as now being possessed by the court) their property and either remove it (forcibly if necessary) or leave it on site if it’s very big or needs special storage e.g. aeroplane. This property now belongs to the court and the owner cannot use it or sell it. If the person doesn’t pay then the above mentioned property is sold at an auction which any one may attend. The property is sold to the highest bidder irrespective of the amount owing to the bank. If after the sale of the property the debt is still not paid then more assets or other assets can be attached. The Sheriff earns a percentage from the sale of the goods. Remove or fetch children if the court instructs them to do so. If the father has the children and the court decides that the mother should get the children then the Sheriff has to go and fetch those children. In essence these are the main functions of the Sheriff. Other functions relate to administration. Recently several Muslims have taken on this position and it is a matter of concern whether Islam allows for this or not. I look forward to you informative reply. Salaams
We have consulted with Mufti Taqi Usmani Saheb (Pakistan) on this issue and
your question was read out to him.
In view of the details of the question. He has stated that it is permissible
for a person to be a sheriff of the court. The sheriff is not obliged to
determine whether there is oppression or not.
and Allah Ta’ala Knows Best
Mufti Ebrahim Desai