Section 7: Claiming the Right to Make Laws and to Declare Things Lawful or Unlawful

The enactment of laws by which creatures would accomplish their acts of worship, social interactions and all their affairs, that by which disagreements between them will be resolved and disputes laid to rest, is the right of Allah - the Most High, Lord of the universe and the Creator of all creation: “...His is the Creation and the Commandment Blessed be Allah, the Lord of the ‘Alamin (mankind, jinns and all that exists)!” He it is, Who knows what is beneficial to His slaves, so He enacts it for them. By the right of His Rububiyyah (Lordship) upon them, He enacts Laws for them and by virtue of their servitude to Him they must accept His Judgments, although the benefit therein returns to them. He - the Most High - said: "... (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.” He also said: “And in whatever you differ, the decision thereof is with Allah (He is the ruling Judge). [Say O Muhammad U to these polytheists:/ Such is Allah, my Lord. ” (Qur’an 42:10) Also, He, the glorified, disapproved His slaves of taking a legislator other than Himself. He said: “Or have they partners with Allah (false god) who have instituted for them a religion which Allah has not allowed?...” (Qur’an 42: 21) Whosoever accepts a law other than the Law of Allah has associated partners with Allah - the Most High, and whatever Allah and His Messenger have not given approval as worship is innovation, and every innovation is misguidance. He is said: ’ Whoever innovates into this affair (religion) of ours that which is not part o f it, then it is rejected.’30 And in another text: ’Whoever performs an action which we have not given approval, then it is Whatever neither Allah nor His Messenger is have legislated in politics and judgment between people is the judgment of the Taghiit (anything worshipped besides Allah) and the judgment of Jahiliyyah (pre-Islamic ignorance): 50 Reported by al-Bukhari and Muslim 31 Reported by Muslim “Do they seek the judgments of the days of ignorance? And who is better in judgment than Allah for a people who have firm Faith. ” So also, the right to make (something) lawful and unlawful is the right of Allah - the Most High, it is not permissible for anyone to share this with Him. He - the Most High - said: “Eat not (O Believers) of that (meat) on which Allah's Name has not been pronounced (at the time of the slaughtering of the animal), for sure it is Fisq (a sin and disobedience of Allah). And certainly, the Shayafin (devils) do inspire their friends (from mankind) to dispute with you, and if you obey them [by making Al-Maytatah (dead animal) legal by eating it], then you would indeed be Mushrikun (polytheists); [because they (the devils and their friends) made lawful to you to eat that which Allah has made unlawful to eat and you obeyed them by considering it lawful to eat, and by doing so you worshipped them, and to worship others besides Allah is Thus Allah made obedience to the devils and their friends, in what they make lawful and unlawful, an association of partners with Allah. Likewise, whoever obeys the scholars and leaders in making unlawful what Allah has made lawful, or making lawful what Allah has made unlawful, has taken them as Lords besides Allah. This is based upon His statement: “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 Maryam (Mary), while they (Jews and Christians) were commanded Iin the Taurah (Torah) and the Injeel (Gospel)] to worship none but One Ilah (God - Allah) La ilaha ilia Huwa (none has the right to be worshipped but He). Praise and glory be to Him, (far above is He) from having the partners they associate (with) Him. ” (Qur’an 9: 31) In the hadith, the Prophet recited this verse to'Adiyy bin Hatim at-Ta’T and he said: ‘0 Messenger of Allah, we never used to worship them.’ He said: ‘Were they not making lawful, things which Allah had made unlawful and you accepted them as lawful, and making unlawful, things which Allah had made lawful and you accepted them as unlawfulV ‘Adiyy) said: ‘Yes.’ He (the Prophet £s) said: ilia ‘That is how you worshipped them.’32 Thus obeying them in what they made lawful and unlawful without recourse to Allah became an act of servitude to them and polytheism. This is major polytheism, which invalidates Tawhid, which is part of the implications of the 32 Reported by at-Tirmidhi, Ibn Jarir and others 'jm statement La ilaha illallah (none has the right to be worshipped besides Allah).33 This is because, part of its implications, is that the right to make things lawful and unlawful, belong to Allah - the Most High - Alone. If this is so regarding one who obeys scholars and devotees in what they legislate as lawful and unlawful which contradicts the Shari 'ah of Allah, despite knowing of the contradiction, and despite the fact that they (scholars) are closer to knowledge and religion, and despite the fact that they get a reward upon their errors in juristic efforts in which they err, what then of one, who obeys the judgments of invented laws, formulated by disbelievers and heretics which they enforce upon Muslim lands and judge with between them. La hawla wa la quwwalta ilia billah (there is no ability, nor strength except with Allah)! These sorts of people have taken the disbelievers as lords besides Allah, who enact for them, laws, make lawful the unlawful and judge between men. 33 Fath-ul-Majld, pg. 107