Q. A non-Muslim judge has been appointed as a chief justice in a Muslim country, as a result of his being the most senior judge in the Supreme Court. Can this be acceptable from the Islamic point of view?
F. Tanoli
A. In an Islamic state that applies Islamic law, a non-Muslim cannot be a competent judge, no matter how well versed he may be in Islamic law. An important element in the implementation of Islamic law is people’s conviction that it is promulgated by God and that its implementation is a religious requirement. Moreover, Islamic law gives a broad authority to the judge, and to the state, in a large variety of matters. Hence, it is extremely difficult for a non-Muslim to acquire the sort of insight into Islamic law to be able to discharge the duties and responsibilities of a Muslim judge, let alone be a chief justice. Such insight is not acquired by academic study on its own. It requires the sort of interaction with the law and its spirit that only a believer can have.
We always say that Islamic law is ideal for human society, but we also maintain that Islamic law can only be implemented in a Muslim society. It cannot be borrowed by a non-Muslim community, because much of it relies on faith and those who do not have Islamic faith cannot appreciate it fully.
Having said that, I should point out that modern states differ a great deal from the sort of Islamic state established by the Prophet (peace be upon him) and then run by his successors. In a modern state, there is a judicial system that ensures the implementation of the law of the land and develops an understanding of the spirit of the law. In such states, a judge is required to enforce the law as he feels proper, without deviation from it. Many Muslim states have such laws, particularly those inherited from colonial times. In such a situation the beliefs of judges are not subject to inquiry. This is different from the Islamic system.
Working in a Bank
Q. I have been working in a bank for more than 15 years. However, I have been told that to work in a bank is not permissible in Islam. I heard different rulings, though, with some allowing it and some prohibiting it. Could you please explain the situation and let me know whether I should quit my job?
M.A. Hashmi
A. Many scholars will tell you to leave your job as soon as possible, because banking is a usurious activity, and as such it is forbidden for Muslims to undertake such work. However, this is a too general view, which can be called in question on more than one count. To start with, not all work in a bank involves usury. There are different types of work, some of which have nothing to do with the financial operations and services offered by a bank. It is the nature of the work you do that should be taken as the basis of the verdict.
A small number of scholars raise an issue about equating interest, which is the basis of banking work, with usury. They argue that the two are different. However, the majority of scholars are of the view that interest is a form of usury, and as such, it is forbidden in Islam. Therefore, they also prohibit working in a bank, because such work means that one is party to forbidden transactions. To someone like yourself, already working in a bank, they say that he should quit his job. The basis for their advice is the Prophet’s Hadith that curses the person devouring usury, the one paying it, the one who writes the usurious contract and the two witnesses to the contract.
Having said that, I would like to explain that if one’s work in a bank is not involved in usurious transactions, then it is permissible and a Muslim need not quit such a job. If the work involves such usurious transactions, then one should try to be moved to some other job that involves no such element. Failing that, one should seriously try first to find an alternative job. Once he has found one, he can move to his new job and quit the bank. He should not quit before finding a new job.
