Seeking Justice in Non-Muslim Courts:

An Islamic Perspective

Assadullah Durbarry

 

Abstract: This article examines the permissibility of seeking justice in non-Muslim courts under Islamic jurisprudence, a question of growing relevance for Muslim minorities in secular legal environments. The central argument is that recourse to secular judicial systems is conditionally permissible under the doctrine of necessity (darurah), provided that: no Shari’ah-based alternative is available; only Islamically lawful rights are pursued; internal loyalty to divine law is maintained; and Islamic arbitration is prioritised wherever accessible. The article proceeds by analysing the positions of the four major Sunni schools, Hanafi, Maliki, Shafii, and Hanbali, before surveying contemporary fatwas from leading scholars and institutions, including Shaykh Ibn Baaz, Shaykh Ibn Uthaymeen, the al-Azhar Fatwa Council, and the International Islamic Fiqh Academy. The article then identifies five governing juristic principles: necessity, prohibition of haram gains, loyalty to divine law, precedence of Islamic arbitration, and accountability before Allah. The findings affirm that while engagement with non-Muslim courts may be tactically necessary in certain contexts, a Muslim’s ultimate allegiance must remain with the Shari’ah, ensuring that justice is pursued without compromising core Islamic values.