Section 6: The Ruling on Ruling by Other Than What Allah Has Revealed

One of the implications of Faith in Allah and His worship, is submission to His Rulings and being pleased with His Shari'ah, and returning to His Book and the Sunnah of His Messenger whenever there is a difference of opinion regarding pronouncements, agreements, litigations, disputes regarding blood and wealth and rights. Allah is the Judge and ruling is His prerogative. It is obligatory upon the judges to judge by what Allah has revealed, and it is obligatory upon leaders to judge by what Allah has revealed in His Book and the Sunnah of His Messenger. Allah - the Most High - said: “Verily! Allah commands that you should render back the trust to those, to whom they are due; and that when you judge between men, you judge with justice...” (Qur’an 4: 58) He said regarding the right of the ruler: “Oyou who believe! Obey Allah and obey the Messenger [Muhammad & J, and those of you (Muslims) who are in authority. (And) if you differ in anything amongst yourselves, refer it to Allah and His Messenger if you believe in Allah and the Last Day. That is better and more suitable for final determination. ” (Qur’an 4: 59) Thereafter, He explained that Faith and judging by other than what Allah has revealed cannot co-exist together. He - the Most High - said: “Have you not seen those (hypocrites) who claim that they believe in that which has been sent down to you, and they wish to go for judgment (in their disputes) to the taghut (false judges, etc.) while they have been ordered to reject them. But Shaytan (Satan) wishes to lead them far astray. ’’(Qur’an 4: 60) “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 decision, and accept (them) with full submission. ” (Qur’an 4: 65) So, Allah strongly negated Faith - via an oath - from anyone who does not take the Messenger as judge, being pleased therewith and submitting to him. Also, He pronounced the disbelief, transgression and sinfulness of rulers who do not judge by what Allah has revealed. He - the Most High - said: Till He said: “...And whosoever does not judge by what Allah has revealed, such are the Kafirun (i.e. disbelievers - of a lesser degree as they do not act on Allah’s law). ’’(Qur’an 5: 44) “...And whosoever does not judge by that which Allah has revealed, such are the Dhalimun (polytheists and wrong doers - of a lesser “...And whosoever does not judge by what Allah has revealed, such are the Fasiqun (the rebellious i.e. disobedient [of a lesser degreej to Allah.” (Qur’an 5: 47) One must judge by what Allah has revealed and seek judgment from it in all issues of disagreement in issues of deductive reasoning between the scholars. So, one should not accept but that which the Qur’an and Sunnah indicate without prejudice to a school of thought or bias to a particular scholar. Also in litigations and disputes regarding rights, not just in personal affairs (personal law), as occurs in some countries, which are affiliated to Islam. Islam is a whole and not parts. Allah - the Most High - said: “O you who believe! Enter perfectly into Islam (by obeying all the rules and regulations of the Islamic religion)...” (Qur’an 2: 208) He - the Most High - also said:.. Then do you believe in part of the Scripture and reject the Also, it is obligatory upon the followers of various schools of thought and present day methodologies, to return the statements of their leader to the Qur’an and Sunnah. Whatever concurs with the two, they should accept and whatever conflicts with the two, should be rejected without prejudice or bias, particularly, in matters of doctrine. The leaders of the schools of thought used to advice this. This was the opinion of every one of them. Whoever contradicts it is not following in their footsteps even though he affiliates himself to them. He is one of those about whom Allah said: “They (Jews and Christians) took their Rabbis and monks to be their lords besides Allah (by obeying them in things which they made lawful or unlawful according to their own desires without being ordered by Allah), and (they also took as lord) Messiah, the son of The verse is not restricted to Christians; rather, it applies to everyone who performs the similitude of their action. Whoever contravenes what Allah and His Messenger U have commanded, by judging between mankind with other than what Allah has revealed, or requests this in obedience to what he desires and wishes, he has removed the noose of Islam and Faith from his neck even if he thinks he is a believer. Allah - the Most High - censured whoever desires this and belied their assumption of still being believers. He - the Most High - said: “Have you not seen those (hypocrites) who claim that they believe in that which has been sent down to you, and they wish to go for judgment (in their disputes) to the taghut (false judges, etc.) while they have been ordered to reject them. But Shayfan (Satan) wishes to lead them far astray. ” (Qur’an 4: 60) “Who claim. ” Is a negation of their Faith, because a claim is usually used to refer to someone who says or believes something about which he is untrue to, as he violates its factors and acts in negation to it. This is established by His “While they have been ordered to reject them.” This is because disbelief in the Taghut (idols and anything worshipped besides Allah) is a pillar of Tawhid is not achieved, then he is not yet a Monotheist. Tawhid is the foundation of Faith, by its presence all deeds become valid and by its absence they are destroyed, as Allah has explained in His statement:. Whoever disbelieves in taghut (anything worshipped besides Allah) and believes in Allah, then he has grasped the most trustworthy handhold...” (Qur'an Therefore, referring judgments to the Taghut (things worshipped besides Allah) is tantamount to faith in them.25 The negation of Faith from one who does not judge with what Allah has revealed, indicates that establishing the Law of Allah is Faith, belief and worship to Allah, which is mandatory upon every Muslim to take as religion. The Shari’ah of Allah should not be established only because it is good for the affairs of people and for safety alone. Some people concentrate upon this aspect and forget the first aspect, but Allah chides whoever establishes the judgment of Allah only for his own benefit, without worshipping Allah thereby. Allah, glorified is He said: “Whoever disbelieves intaghut (anything worshipped besides Allah) and believes in Allah, then has grasped the most trustworthy handhold. ” (Qur’an 2: “And when they are called to Allah (i.e. His Words, the Qur’an) and His Messenger to judge between them, lo! a party of them refuse (to come) and turn away. But if the right is with them, they come willingly with submission. ” (Qur’an 24: 48 - 49) They do not care except for what they desire, whatever conflicts with their desires, they turn away from it. This is because they do not take as worship to Allah, the referral of judgments to His Messenger The ruling regarding whoever does not judge by what Allah has revealed: Allah the Most High said: “...And whosoever does not judge by what Allah has revealed, such are the Kafirun (i.e. disbelievers - of a lesser degree as they do not act on Allah’s law). ’’(Qur’an 5: 44) In this noble verse, judging by other than what Allah has revealed is disbelief. This disbelief is sometimes major disbelief, which takes one out of the fold of Islam, and at other times, it is minor disbelief, which does not remove one from the fold of Islam. This depends upon the condition of the judge; if he believes that judging by what Allah has revealed is not obligatory and that he has a choice therein, or he is contemptuous of the Judgment of Allah and believes that other laws, such as constitutions and by-laws, are better than or equivalent to it, or he believes that it is not applicable to the present age, or he intends to please the disbelievers and hypocrites by judging by other than what Allah has revealed, this is major If however, he believes that judging by what Allah has revealed is obligatory and he knows the judgment in the matter before him, but he turns away from it, though acknowledging that he is liable to punishment (for turning away from it), he is a sinner and he is called a disbeliever who commits minor disbelief. If he is ignorant of the judgment of Allah (regarding the matter) after making extensive effort to the extent of his capability to know the correct judgment thereof but errs, he is called one who makes an error. He gets a reward for his effort and his error is forgiven.26 These are in regards to judgments on specific issues. As for judgment in matters of the generality (for everybody), this is a different matter. Shaykh al-Islam Ibn Taymiyyah27 said: "If the judge is religious, but he judged without knowledge, then he is one of the inmates of the Fire. If he knows the truth but he judges in conflict with the truth of which he knows, then he is one the inmates of the Fire. If he judges without justice and knowledge, then he is more deserving of being an inmate of the Fire. This is when he judges in a matter concerning a single But if he gives a general judgment in the religion of the Muslims, and he made truth falsehood and made falsehood truth, and Sunnah innovation and innovation Sunnah, good evil and evil good, and forbade what Allah and His Messenger commanded, and ordered that which Allah and His Messenger forbade, this is another case entirely which the Lord o f the universe, the God of the Messengers and the Owner of the Day of Judgment, He Who owns all praise in the beginning and in the end, will judge. “He it is Who has sent His Messenger [Muhammad j/ with guidance and the religion of truth (Islam), that He may make it Sharhut-Tahawiyyah, pg. 363 - 364 Majmii' al-Fatawa, v. 35, pg. 388..His is the Decision, and to Him you (all) shall be returned. ” (Islam ) superior over all religions. And All-Sufficient is Allah as a He also said: ‘There is no doubt that whoever does not believe in the obligation of judging with what Allah has revealed is a disbeliever. Whoever believes that it is permissible for him to judge between people with what he views is just without following what Allah has revealed is a disbeliever. There is no Ummah (nation) except it commands judging with justice. Justice in their religion could be what their leaders opine, infact, most of those who lay claim to Islam judge with their customs which were not revealed by Allah, such as the customs of their ancestors. These were leaders who were obeyed. So, they believe that this is what should be judged with rather than the Qur 'an and the Sunnah. This is disbelief! Many amongst mankind have accepted Islam but do not judge except with customs, which those they obey have ordered. When these people are informed that it is not permissible for them to judge by other than what Allah has revealed, they do not adhere to it: rather, they claim it is permissible to judge with other than what Allah has revealed. They are disbelievers!28 Shaykh Muhammad bin Ibrahim said: ‘As for that which has been said to be ‘Kufr duna Kufr ’ (disbelief of a lesser degree), this is when one seeks judgement from other than what Allah has revealed while believing he is by that a sinner, and believes that the judgement of Allah is the Truth. This is that which emanates from him just once or so. As for the one who makes a canon (constitution, law, statute, legal code) with organization and authority, he is a disbeliever even if he ‘We erred and the judgment of Allah is more just. ’ This category of disbelief removes one from the fold of Islam.'2'’ So, he Sj distinguished between a single judgment, which does not re-occur and a general law, which is the reference of all judgments or most judgments. He affirmed that this is disbelief, which totally removes one from the fold of Islam. This is because one who waives the Islamic Law and makes a cannon substitute to Minhaj as-Sunnah an-Nabawiyyah 29 From the verdicts of Shavkh Muhammad bin Ibrahim At ash-Shaykh. See his Majmu ' Al-Fatawa, v. it, this is an indication that he considers the cannon (legal code, statute, constitution etc.) as better and more beneficial than the Shari ’ah (Islamic Law). This, no doubt, is major disbelief which removes one from the fold of Islam and invalidates