What is the ruling on agreeing to the condition of arbitration under man-made laws in computer software and internet website contracts, given the ensuing difficulty in reviewing the laws of each state or country to which the companies belong?
The original ruling is that it is forbidden to sign a contract that includes a clause stipulating recourse to man-made courts. However, given the widespread nature of this issue and the fact that prohibiting it would cause hardship and difficulty for people, we hope there is no objection to signing a contract that includes such a clause, while bearing in mind one's dislike and abhorrence of it. One should intend in their heart that they will only resort to these courts when necessary, and only in matters that conform to Islamic law. This is permissible because not all provisions of man-made law contradict the rulings of Islamic . Sheikh Ibn Uthaymeen, may Allah have mercy on him, stated that it is permissible to resort to those who rule by man-made law if we are in the right and do not want our rights to be lost. If a judgment is based on truth, it should be accepted. Therefore, anyone who needs to sign a contract containing this clause may do so, while disliking it and bearing in mind that they will only accept rulings that conform to the Sharia, and that they do not consent to arbitration by anything other than what Allah has revealed.
Summary from Ftawy's records · added here
Reviewed by El Fatwa's sharia committee.
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Where this answer came from
- Source platform
- Ftawy
- Original fatwa ID
- 116089
- Added here
- . This is when the answer was added to El Fatwa, not the fatwa's date.
- Text
- Summary from Ftawy's records, reviewed by El Fatwa's sharia committee.
- Read the full ruling
- Read the full answer on Ftawy