May I take a fellow believer who cheated me to court?

Yes. Islam does not forbid taking a wrong to a state court, even when the other person is a Muslim. There are also two other good paths: arbitrators both sides agree on, or an arbitration body within one’s own community.

Anyone who has been cheated has a right to justice. The fact that the other person shares the same faith does not take that right away. On the contrary, a believer who cheats another acts against the very teaching he professes.

There are three ways to seek justice. One can go to a state court. One can agree with the other side on arbitrators whom both trust. Or one can turn to an arbitration body within one’s own community, where such a body exists. Which path is best depends on the circumstances of each case and cannot be settled in general terms.

The first verse above sets the standard. Whoever judges must judge with justice. The second verse shows that reconciliation between believers is a high goal, but a reconciliation built on justice, not on keeping quiet about a wrong.

The hadith shows that even in the time of the Holy Prophet Muhammad (saw), people brought their disputes before a judge. There was nothing shameful in that. At the same time it reminds both sides that no one should win in court, through clever words, something that is not rightfully theirs. Whoever brings a case should therefore stay honest and seek only what is truly due.

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