Regarding Ruling by Other than the Sharee’ah of Allah When the ruler rules by other than what Allah sent down for the sake of obtaining a bribe or out of desires (i.e. for some worldly reason) then this ruler is not considered a Taghoot (a kafir (disbeliever) and according to Shaykh Bin Baaz, Shaykh Albaani, Shaykh Al-Fawzaan and Shaykh Uthaymeen and other scholars of Ahlus Sunnah Wal Jamaah he is considered a major sinner with minor kufr (minor disbelief which does not expel him from Islam)). Now if the one who rules deems that the man made laws are equal to the laws of Allah or that they are better than the laws of Allah and he is aware of this distinction, then this ruler is considered a Taghoot (i.e. a kafir (disbeliever)).” Reference: Al-Masaa’il al-‘Ilmiyyah fee Qadhaayaat al-Imaan wa at-Takfeer Al-As’ilat-ul-Yamaneeyah wa Ajwibah Fadheelah al-Muhaddith al-Allaamah Muqbil bin Haadee al-Waadi’ee Compiled by ash-Shaykh Ali al-Halabee Question: May Allah show goodness to you o virtuous shaykh,of the most difficult issues which has been problematic for the youth,or some of the youth, (is the issue) for example of ruling by man-made laws. We request clarity in regards to this. Answer from Shaykh Fawzaan (hafidhahullaah): The Ulama have clarified this, and the closest thing (to being correct) is the tafseer of Ibn Katheer wherein it is stated that the one who rules by other than what Allah has revealed then if he views that as being better than the Books of Allah, or that his rule is better than the rule of Allah, or that ruling by other than what Allah has revealed is the same as the rule of Allah or that he has a choice to rule by what Allah has revealed or not based on choice – then such an individual is judged with Kufr. There is no doubt that such an individual is a disbeliever according to the Ijmaa’. As for the individual who believes that the rule of Allah is the truth and that the man-made law is Baatil but he rules by it due to desire (hawaa) or due to a temptation (tama’a) that has overcome him – then such an individual is sinful and a transgressor (dhaalim wa faasiq) yet is not judged with Kufr. This because he believes that the rule of Allah is obligatory and ruling by other than it is Baatil but has done it in order to obtain a career or due to a temptation.In this instance his Aqeedah remains, as he still has his belief in the Book of Allah and that it is the truth and has to be ruled by, then in this case his Aqeedah remains. Such an individual is judged to be sinful and not judged with having kufr because this is Kufr ‘Amali (Kufr of actions, Kufr less than Kufr). Source: Session question-answer of the lecture “Takfir: Between excess and neglect” delivered at Masjid ar-Raajihee in Hayy ul-Jazeerah, Riyadh, KSA dated 10/10/1428 AH (21/10/2007 CE) Source And Shaykh Abdul-Azeez bin Baaz said: And whoever ruled by other than what Allah has revealed then he will not be in other than one of four situations: 1. The one who says: “I rule by this because it is superior to the Sharee’ah of Islam.” Such a one is a kaafir in the sense of the major disbelief (i.e ejected from the Religion). 2. The one who says: “I rule by this because it is like the Sharee’ah of Islam, so ruling by it is permissible and ruling by the Sharee’ah is permissible.” Such a one is a kaafir in the sense of the major disbelief. 3. The one who says: “I rule by this and ruling by the Sharee’ah of Islam is superior but ruling by other than what Allah has revealed is permissible.” Such a one is a kaafir in the sense of the major disbelief. 4. The one who says: “I rule by this” while he believes that ruling by other than what Allah has revealed is not permissible and who says that “the Sharee’ah of Islam is superior and it is not permissible to rule by other than it” but he is neglectful, or treats matters lightly, or does this action due to a reason that proceeds from his rulers, then he is a disbeliever in the sense of minor disbelief which does not eject from the Religion – and it is considered one of the greatest of major sins. Source: Al-Hukmu bi-Ghairi Maa Anzalallaahu wa Usool ut-Takfeer pp. 71/72 The eleventh question of Fatwa no. 5741 Q 11: Is one who judges by other than Allah’s revealed Law considered a Muslim, or a disbeliever, guilty of major Kufr (major disbelief)? What about the acceptance of their deeds? A: Allah (Exalted be He) says (what means): And whosoever does not judge by what Allah has revealed, such are the Kaafiroon (i.e. disbelievers of a lesser degree as they do not act on Allah’s Laws). Allah says: And whosoever does not judge by that which Allah has revealed, such are the Zaalimoon (polytheists and wrong-doers – of a lesser degree). Allah also says: And whosoever does not judge by what Allah has revealed (then) such (people) are the Faasiqoon [the rebellious i.e. disobedient (of a lesser degree) to Allah]. If those mentioned in these Ayahs deem that as lawful and permissible, they will be guilty of major disbelief, major wrong and major disobedience, which takes them out of the fold of Islam. If they do so for a bribe or any other purpose, while believing in the prohibition of doing so, they are sinful, and are considered disbelievers, guilty of minor disbelief; wrongdoers, guilty of minor wrong; and disobedient, guilty of minor disobedience, yet that does not take them out of Islam, according to the exegetes of the Qur’an in their interpretation of the previously mentioned Ayahs. May Allah grant us success. May peace and blessings be upon our Prophet Muhammad, his family, and Companions. The Permanent Committee for Scholarly Research and Ifta’ Shaykh Abdullaah Al-Ghunaymaan said, “We must make this distinction between the ruler who judges according to Sharee’ah, but may rule in a manner contrary to the Sharee’ah on some issues, because of his own whims and desires or because of a bribe; and the one who fails to rule by that which Allah has revealed and bases the entire legal system on man-made laws [is] a kaafir. The one who rejects the law of Allah and casts it aside, and replaces it with man-made laws and the opinions of individuals has committed an act of kufr which puts him beyond the pale of Islam. Whereas the one who adheres to the religion of Islam, but is a sinner and wrongdoer by virtue of his following his whims and desires in some cases, or pursuing some worldly interest, but admits that he is a wrongdoer by doing so, is not guilty of kufr which would put him beyond the pale of Islam. (Also) whoever thinks that ruling by man-made laws is equal to ruling by Sharee’ah, and thinks that it is OK to do that, is also guilty of kufr that puts him beyond the pale of Islam, even if it is only in one instance.” In another statement on this issue the shaykh has mentioned that, “…It is obligatory to differentiate between them (the ruler who replaces all of the Sharee’ah with man made laws and the ruler who replaces some of Allah’s laws with man-made laws due to a worldly benefit knowing he is a wrong doer). There is a difference between the one who throws away the laws of Allah, jala-wa’ala and replaces its judgments with the laws and the judgments of mankind (i.e. he replaces all of Allah’s laws). This is kufr (disbeif), which takes one outside the religion of Islam. But the one who is religiously committed upon the religion of Islam except that he is disobedient and a wrong doer by following his desires in some of the rulings (of Sharee’ah) and goes after a benefit from the worldly life (so replaces these laws with man-made laws), while accepting that he is a wrong doer with this, then this is not kufr which takes you out of the religion. And whoever sees the Hukm with the laws to be equal to the Hukm of the Shara’ and makes it Halaal, then he also disbelieves with the Kufr that takes one outside the religion, even if it is in one instance.” Reference: Mujaalit Al-Mishkaat, Vol. 4/ 247 https://dawatussalafiyyah.wordpress/2014/08/14/regarding-ruling-by-other-than-the-shareeah-of-allah/
Posted on: Wed, 24 Dec 2014 13:01:57 +0000
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