Referring to the International Court of Justice
Question

                What is the ruling on referring matters to the International Court of Justice?
Praise be to Allah.The saheeh evidence of the Qur’aan and Sunnah indicates 
          that it is obligatory for all the Muslims – on the individual, community, 
          governmental and international levels – to refer any disputes or arguments 
          that arise among them to the laws of Allaah, and to submit to Him and 
          accept His laws. Among this clear evidence are the aayahs (interpretation 
          of the meaning): 
“But 
          no, by your Lord, they can have no Faith, 
          until they make you (O Muhammad) judge in all disputes between them, 
          and find in themselves no resistance against your decisions, and accept 
          (them) with full submission 
[al-Nisaa’ 4:65] 
“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] 
“O you who believe! Obey Allaah 
          and obey the Messenger (Muhammad), and those of you (Muslims) who are 
          in authority. (And) if you differ in anything amongst yourselves, refer 
          it to Allaah and His Messenger, if you believe in Allaah and in the 
          Last Day. That is better and more suitable for final determination” 
          
[al-Nisaa’ 4:59] 
“And 
          in whatsoever you differ, the decision thereof is with Allaah (He is 
          the ruling Judge)” [al-Shooraa 
          42:10] 
 And there are many similar aayaat. 
 From these verses we know that it is not permissible 
          for the Muslim to refer for judgement to man-made laws, or to tribal 
          customs that go against sharee’ah. 
 My sincere advice in this matter to the rulers of 
          all Muslim states – because of the many conflicts that have arisen among 
          them and are still continuing – is that the only way that they should 
          resort to in order to resolve these conflicts among their states concerning 
          properties, rights, political boundaries, etc., is to refer to the laws 
          of Allaah. This may be done by forming a committee or sharee’ah court 
          made up of scholars of sharee’ah who are acceptable to all in terms 
          of their knowledge, understanding, fairness and piety, who will look 
          at solutions to the conflicts then will pass judgement in accordance 
          with what the sharee’ah of Islam dictates. They should realize that 
          what some of them have done, by referring to the International Court 
          of Justice and similar non-Islamic organizations comes under the heading 
          of referring to laws other than the laws of Allaah, and it is not permissible 
          to judge by those laws or to apply them to cases between Muslims. They 
          must avoid doing that; let them fear Allaah and pay heed to the punishment 
          with which He warns those who go against His laws. As Allaah says (interpretation 
          of the meaning): 
“But 
          whosoever turns away from My Reminder (i.e. neither believes in this 
          Qur’ân nor acts on its teachings) verily, for him is a life of hardship, 
          and We shall raise him up blind on the Day of Resurrection. 
He will say: ‘O my Lord! Why 
          have you raised me up blind, while I had sight (before).’ 
(Allaah) 
          will say: ‘Like this: Our Ayaat (proofs, evidences, verses, lessons, 
          signs, revelations, etc.) came unto you, but you disregarded them (i.e. 
          you left them, did not think deeply in them, and you turned away from 
          them), and so this Day, you will be neglected (in the Hell-fire, 
          away from Allaah’s Mercy).’” 
[Ta-Ha 20:124-126] 
“And 
          so judge (you O Muhammad) among 
          them by what Allaah has revealed and follow not their vain desires, 
          but beware of them lest they turn you (O Muhammad) 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). 
          
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 5:49-50] 
The aayaat which point to the same meaning are many, all of which 
          reinforce the fact that obedience to Allaah and His Messenger is the 
          means to happiness in this life and blessing in the Hereafter, and that 
          disobeying His Messenger and turning away from the Reminder of Allaah 
          and His rulings is the means to a life of hardship and misery in this 
          life and torment in the Hereafter. I ask Allaah to guide us all to the 
          truth, to make us steadfast, to put our affairs right and to help us 
          to do all that is good for our worldly and religious affairs. May He 
          cause us all to accept the judgement of Allaah and His Messenger, for 
          He is the Most Generous, Most Kind. 
May Allaah bless our Prophet Muhammad and all his family 
          and companions.