Shari‘ah will be established in the West in the same way that it was established in Medina during the time of the Holy Prophet
Verily, God commands you to make over the trusts to those entitled to them, and that, when you govern between men, you judge with justice.(Surah an-Ni- sa’, 4:59).
Allah Almighty refers to governance as a trust that belongs to the people which they give over to the officials they elect. Also in this verse, Islam teaches that the ruler does not have absolute power, but is bound by checks and balances and must stay within the bounds of justice. The Holy Prophet
The only exception to this principle
are guilty of war crimes. There, governance can be imposed on them without their democratic consent, and the secular laws of Islam can be enforced against them. For example, if non-Muslims are guilty of the criminal offense of waging warfare against Muslims to suppress their freedom of religion, then the Holy Quran permits Muslims to fight them in self-defense (Surah al-Hajj, 22:40–41). Addressing those who wage aggressive religious warfare against Muslims, Allah Almighty says:
Fight those from among the People of the Book who believe not in Allah, nor in the Last Day, nor hold as unlawful what Allah and His Messenger have declared to be unlawful, nor follow the true religion, until they pay the tax with their own hand and acknowledge their subjection.(Surah at-Taubah, 9:30).
If such oppressors are defeated and come under an Islamic government, the secular law of Islam in this verse would apply to them as citizens of an Islamic government, and they would be required under
However, in all ordinary circumstances, Muslims are not permitted to enact the
In a way, the foundation of a structured government was established in Medina, whereby every community, despite being free in its religious and internal affairs, was regulated by(Seal of the Prophets, vol. 2, p. 27)
a commonlaw and central government.
Also, in Civil Law, the people of each religion would have the right to have their cases decided by their own
Jews came to him for guidance or for decisions. Without fail, every time he enquired from them: “Would you like your dispute to be settled according to the Jewish law or according to the Islamic law or according to the arbitration?” Without fail he never imposed Islamic law on a non agreeing party, which did not belong to the faith.(Shari‘ah Relationship Between Religion and Politics in Islam, p. 30).