Can Muslims Take Each Other to Secular Courts of Law?

Answered according to Hanafi Fiqh by Seekersguidance.org

Answered by Shaykh Faraz A. Khan

Question: If other means of reconciliation have been exhausted, is it permissible for a Muslim that has been harmed by another Muslim to take that person to court in a setting where the court authorities are not Muslim and the legal code is not Shariah?

Is there a particular etiquette one should follow when pursuing justice for oneself through such a court?

Answer: Assalamu alaikum wa rahmatullah,

I pray this finds you in the best of health and states.

Yes, if after exhausting other means of reconciliation grievances remain unresolved, one may take the person at fault to a secular court. The basic etiquette is that one should not take more from the one at fault than what was taken or than the harm underwent. It would be good to consult a scholar with the specifics of a particular case.

And Allah knows best.
wassalam
Faraz

Checked & Approved by Faraz Rabbani



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