Do the contracts between major oil companies and subcontractors in Arab countries, which are subject to international commercial law, specifically British law, and which include clauses obligating major companies to insure the equipment and employees of contractors, constitute seeking judgment from other than the Sharia of Allah? What is the ruling on working to prepare these contracts with such an obligation? Can one seek guidance from the fatwa of Sheikh al-Islam for someone who works in a place with "maks" (unjust tax/toll) and alleviates the burden on people?
Submitting contracts to international commercial law, with its -violating prohibitions, is forbidden. You must refrain from writing prohibited clauses. If you are unable to do so, then seek another job. However, if your intention is to minimize and alleviate the violations, and you know that leaving the job will increase the violations, then we hope there is no blame upon you for remaining. Ibn Taymiyyah was asked about a ruler who removes injustice to the best of his ability, knowing that someone else would increase the injustice, and he replied that it is permissible for him to remain, and his rule is better for the Muslims.
Summary from Ftawy's records · added here
Reviewed by El Fatwa's sharia committee.
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- Summary from Ftawy's records, reviewed by El Fatwa's sharia committee.
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- Read the full answer on Ftawy