Jury Service

[Abdul--Malik]

Hi

I got a letter today telling me that I would have to attend for jury service which as far as I know is haram. I was wondering if anyone has been called before and if they will accept religious reasons as an excuse to not go.

Thanks.

[Abu Yusuff]

Re: Jury Service

jury service is not haram; it is from the maaliki madhab!; the brit stole it from the maaliki madhab!

Imaam Maalik said that if 12 [or a group of] laymen decide on a verdict then their is a synergy involved and they are unlikely to get it wrong:

This particular qaa'ida is one that you find only in the Maliki school. This interesting qaa'ida is "jama'til muslimeen taqumu maqaam al-qaadi: a group of Muslims can stand in lieu of a judge." That is, the group can actually take the place of a judge.

[I told the shaykh the other day that there is an American researcher who says that the twelve jury system that we have here in America is from the Maliki school. It was actually taken by western people from the Maliki school. The principle is that a jury of peers will judge you because in those days they did not have qaadis (judges).] The wisdom behind this principle that Imam Malik was indicating is that when people come together, there is a synergistic power of unity in which they will more likely be right in their judgments than wrong. So, if the group makes a judgment, this is why their judgment has the weight and authority, in the Maliki school, of a legal scholar making a judgment based on his knowledge of the sharia'.

http://www.themodernreligion.com/wor...ms-living.html

[Ranya]

Re: Jury Service

Go dressed in a thobe and turban. You will get to go home early.

[Abu 'Abdullaah]

Re: Jury Service

A brother on here successfully got out of jury service. I'll point him to this thread.

[Fragile]

Re: Jury Service

Go dressed in a thobe and turban. You will get to go home early.

Lool

[brightesthour]

Re: Jury Service

I got out of jury duty a couple years ago. Got a note from my doctor, lol. She excused me for a year. I'm really hoping I don't get called back anytime soon!

[Gingerbeardman]

Re: Jury Service

Hi

I got a letter today telling me that I would have to attend for jury service which as far as I know is haram. I was wondering if anyone has been called before and if they will accept religious reasons as an excuse to not go.

Thanks.

serves you right for registering to vote...

there was a case recently where the judge refuses to excuse someone from jury service as Muslim, they tend not to like that too much so guess you'll just have to turn up scruffy with not only odd socks, but odd shoes, roll your eyes a lot and randomly mumble 'bring back flogging and hanging, the frog prince told me so,' whenever the judge is nearby and get excused as crazy person.

will also get your name off the electoral roll as well I think! bonus.

[*Sweety*]

Re: Jury Service

I didn't realise that this could be haram, my brother did it

[.Singaporean]

Re: Jury Service

Just say u have ebola.....

[Gingerbeardman]

Re: Jury Service

Go dressed in a thobe and turban. You will get to go home early.

yes, that is even better than my odd shoes idea.

[surprised]

Re: Jury Service

Well, depending on which country you are in... i think it could perhaps be permissible.

For example, i was asked for jury duty and i did so... I heard the evidence and i would only go for guilty if there was pretty much 100% proof of something that couldn't be refuted. For example, a CCTV recording of someone taking something out of a shop, concealing it and in effect stealing it. My role would be to say "yeah... it's pretty obvious what happened there" - no guesses, ifs buts or maybes...

But what the "judge" decides in his little gown is completely up to him - i have no part in that.

[Gingerbeardman]

Re: Jury Service

Well, depending on which country you are in... i think it could perhaps be permissible.

For example, i was asked for jury duty and i did so... I heard the evidence and i would only go for guilty if there was pretty much 100% proof of something that couldn't be refuted. For example, a CCTV recording of someone taking something out of a shop, concealing it and in effect stealing it. My role would be to say "yeah... it's pretty obvious what happened there" - no guesses, ifs buts or maybes...

But what the "judge" decides in his little gown is completely up to him - i have no part in that.

and if you are asked to judge upon something according to the kuffar's definition of right and wrong?

would you just ignore the judges guidance and risk contempt of court to say 'not guilty' as this person may well be under the Shariah of Allaah or would you then rule by other than Allaah has revealed?

[Gingerbeardman]

Re: Jury Service

http://islamqa.info/en/125623

Ruling on jury duty in a non-Islamic court in a non-Muslim country

Question - Can a Muslim living in a non-Muslim country participate their court system by agreeing to the call of jury duty from the government? This jury duty involves in sitting inside the court and listening to the pro and con arguments of a case and deciding along with other 11 people whether a person is guilty or not.

Praise be to Allaah.

Passing a verdict on a accused person whose case has been brought to court and stating whether he is guilty or not guilty is regarded as ruling and passing judgement. One of the conditions of ruling and passing judgement is that it should be based on the Book of Allaah and the Sunnah of His Prophet (blessings and peace of Allaah be upon him) even if it has to do with passing judgement on kuffaar or judging between them.

Allaah says (interpretation of the meaning):

“So if they come to you (O Muhammad صلى الله عليه وسلم), either judge between them, or turn away from them. If you turn away from them, they cannot hurt you in the least. And if you judge, judge with justice between them. Verily, Allaah loves those who act justly”

[al-Maa’idah 5:42]

“And so judge (you O Muhammad صلى الله عليه وسلم) among them by what Allaah has revealed and follow not their vain desires, but beware of them lest they turn you (O Muhammad صلى الله عليه وسلم) far away from some of that which Allaah has sent down to you. And if they turn away, then know that Allaah’s Will is to punish them for some sins of theirs. And truly, most of men are Faasiqoon (rebellious and disobedient to Allaah)”

[al-Maa’idah 5:49]

Shaykh ‘Abd al-Rahmaan al-Sa’di (may Allaah have mercy on him) said:

“And so judge (you O Muhammad صلى الله عليه وسلم) among them by what Allaah has revealed” -- this verse is the one which is said to abrogate the verse “either judge between them, or turn away from them”. But the correct view is that it does not abrogate it, and that this indicates that the Prophet (blessings and peace of Allaah be upon him) was given the choice between passing judgement between them or not doing so, and that was because their aim was not to refer to the truth for judgement. This verse indicates that if he did pass judgement, then he was to pass judgement between them in accordance with that which Allaah had revealed of the Qur'aan and Sunnah, and this is the justice which is referred to above, in the verse in which Allaah says: “And if you judge, judge with justice between them”. This points to what is meant by justice, and that it should be based on the rulings that Allaah has prescribed, which include the ultimate justice and fairness. Anything contrary to that is injustice and wrongdoing. End quote.

Tafseer al-Sa’di, p. 234

Shaykh al-Islam Ibn Taymiyah (may Allaah have mercy on him) said:

No one has the right to judge between any of Allaah's creation, whether between Muslims or kuffaar or young men or armies or the poor or anyone else, except in accordance with the rulings of Allaah and His Messenger. Whoever seeks anything other than that is included in the words of Allaah (interpretation of the meaning): “Do they then seek the judgement of (the days of) Ignorance? And who is better in judgement than Allaah for a people who have firm Faith” [al-Maa’idah 5:50] and “But no, by your Lord, they can have no Faith, until they make you (O Muhammad صلى الله عليه وسلم) judge in all disputes between them, and find in themselves no resistance against your decisions, and accept (them) with full submission” [al-Nisa’ 4:65]. End quote.

Majmoo’ Fataawa Ibn Taymiyah, 35/407, 408.

The scholars of the Standing Committee for Issuing Fatwas said:

It is not permissible for a Muslim to work as a judge except in sharee’ah courts which apply the laws of Allaah in all their rulings. End quote.

Shaykh ‘Abd al-‘Azeez ibn Baaz, Shaykh ‘Abd al-‘Azeez Aal al-Shaykh, Shaykh Saalih al-Fawzaan, Shaykh Bakr Abu Zayd.

Fataawa al-Lajnah al-Daa’imah, 12/136, 127

It is no secret to anyone that the reference point for passing judgement on people in the country asked about and -- unfortunately -- in many Muslim countries is not the Qur'aan and Sunnah. Based on that, the starting point for passing judgement on people -- both Muslims and kaafirs -- is man-made laws, which are opposed to the laws of the Lord of the Worlds. Based on that, it is not permissible to serve on the jury or work in any other part of the courts which judge between people on the basis of something other than that which Allaah has prescribed.

And Allaah knows best.

Islam Q&A

[Abu 'Abdullaah]

Re: Jury Service

I find it ironic when the same crowd who go on about 'not judging people' go on to promote serving on juries and police forces - especially in non-Muslim states.

[Gingerbeardman]

Re: Jury Service

I find it ironic when the same crowd who go on about 'not judging people' go on to promote serving on juries and police forces - especially in non-Muslim states.

good point!

"only God can judge me!" said no scholar ever, these are actually the words of tupac.