Is it permissible to work as a judge under Bangladesh’s existing laws?

Imran Hossain, from E-mail
Question: I have completed my master’s in law from the University of Dhaka, and my parents want me to become a judge. However, Bangladesh’s judicial system is not fully based on Shariah. While family and civil laws do not significantly conflict with Islam, the criminal justice system does not permit certain punishments prescribed in Islamic law. Judges may therefore have to deliver verdicts under laws that differ from the Quran and Sunnah. I believe Allah’s law is superior and would implement it if I had the authority. Would it be permissible to become a judge with the intention of delivering justice and reducing injustice?
Answer: The Quran mentions three levels in this regard. If a person believes in the supremacy of Allah’s law but cannot implement it and is compelled to judge according to other laws, they would not be considered among the greatest offenders. However, they may still be sinful and should sincerely repent and seek Allah’s forgiveness. They should continue delivering justice to the best of their ability. There is no objection to serving as a judge in matters where human beings are permitted to establish laws and regulations. They may pursue a judicial career with the intention of upholding justice.
Answered by: Allama Mufti Ubaidur Rahman Khan Nadvi
Source: Jameul Fatawa, Encyclopedia of Islamic Fiqh and Fatwa












