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The status of ruling by that which Allaah has revealed in Islam

Question: 111866

What is the status of ruling by that which Allaah has revealed in Islam? Is the one who rules by something other than that which Allaah has revealed a kaafir?.

Praise be to Allah, and peace and blessings be upon the Messenger of Allah and his family.

Ruling by that which Allaah has revealed is part of Tawheed
al-Ruboobiyyah (Oneness of the divine Lordship), because it is implementing
the ruling of Allaah as is implied by acceptance of His Lordship
(Ruboobiyyah) and His perfect sovereignty and control. Hence Allaah calls
those who are followed in a manner contrary to what He has revealed
arbaab (lords) of their followers. Allaah says (interpretation of the
meaning):  

“They (Jews and Christians) took their rabbis and their
monks to be their lords [arbaab] besides Allaah (by obeying them in things
which they made lawful or unlawful according to their own desires without
being ordered by Allaah), and (they also took as their Lord) Messiah, son of
Maryam (Mary), while they (Jews and Christians) were commanded [in the
Tawraat (Torah) and the Injeel (Gospel)] to worship none but One Ilaah (God
— Allaah) Laa ilaaha illa 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)”

[al-Tawbah 9:31]

Allaah calls those who are followed “lords” because they are
appointed as lawgivers along with Allaah, and He calls the followers
“slaves” because they submit to them and obey them in going against the
ruling of Allaah, may He be glorified and exalted. 

‘Adiyy ibn Haatim said to the Messenger of Allaah (peace
and blessings of Allaah be upon him): “But they do not worship them.” The
Prophet (peace and blessings of Allaah be upon him) said: “Nay, they
forbid to them that which is permissible and they permit to them that which
is forbidden, and they follow them; that is how they worship them.” 

Once you understand this, you should realize that with regard
to the one who does not rule by that which Allaah has revealed and wants
rulings to be referred to someone other than Allaah and His Messenger, there
are verses which state that he has no faith, and verses which state that he
is a kaafir, zaalim (wrongdoer) and faasiq (rebellious evildoer). 

As for the first category (i.e. the verses which state that
he has no faith): 

For example, Allaah says (interpretation of the meaning):  

“Have you not seen those (hypocrites) who claim that they
believe in that which has been sent down to you, and that which was sent
down before you, and they wish to go for judgement (in their disputes) to
the Taaghoot (false judges) while they have been ordered to reject them. But
Shaytaan (Satan) wishes to lead them far astray.

61. And when it is said to them: ‘Come to what Allaah has
sent down and to the Messenger (Muhammad
صلى الله عليه وسلم),’
you (Muhammad صلى الله
عليه وسلم) see the hypocrites turn away from
you (Muhammad صلى الله
عليه وسلم) with aversion.

62. How then, when a catastrophe befalls them because of
what their hands have sent forth, they come to you swearing by Allaah, ‘We
meant no more than goodwill and conciliation!’

63. They (hypocrites) are those of whom Allaah knows what
is in their hearts; so turn aside from them (do not punish them) but
admonish them, and speak to them an effective word (i.e. to believe in
Allaah, worship Him, obey Him, and be afraid of Him) to reach their
innerselves.

64. We sent no Messenger, but to be obeyed by Allaah’s
Leave. If they (hypocrites), when they had been unjust to themselves, had
come to you (Muhammad صلى
الله عليه وسلم) and begged Allaah’s
forgiveness, and the Messenger had begged forgiveness for them, indeed, they
would have found Allaah All-Forgiving (One Who forgives and accepts
repentance), Most Merciful.

65. But no, by your Lord, they can have no Faith, until
they make you (O Muhammad
صلى الله عليه وسلم) judge in all
disputes between them, and find in themselves no resistance against your
decisions, and accept (them) with full submission”

[al-Nisa’ 4:60-65]

Allaah ascribes to these people who claim to have faith when
they are hypocrites several characteristics: 

1.

They want to refer for judgement to al-taaghoot, which is
everything that goes against the ruling of Allaah and His Messenger
(peace and blessings of Allaah be upon him), because going against the
ruling of Allaah and His Messenger is tughyan and transgression against the
ruling of the One to Whom belongs judgement and all things return to Him,
namely Allaah. Allaah says (interpretation of the meaning): “Surely, His
is the creation and commandment. Blessed is Allaah, the Lord of the
‘Aalameen (mankind, jinn and all that exists)!” [al-A’raaf 7:54].  

2.

If they are called to that which Allaah revealed to the
Messenger, they refuse and turn away. 

3.

If a calamity befalls them because of what their hands sent
forth, such as being exposed for their wrongdoing, they come swearing that
they only meant good will and conciliation, as in the case of those who
reject the rule of Islam today and govern according to laws that go against
it, claiming that this is good and suited to modern circumstances. 

Then Allaah warns these people who claim to be believers but
who bear these characteristics that He knows what is in their hearts and
what they are concealing of things that are different from what they say.
And He commands His Prophet to admonish them and speak to them an effective
word. Then He explains the wisdom behind sending the Messenger to be the
only one who to be obeyed and followed, and no one else, no matter how
strong their ideas and how vast their understanding. Then Allaah swears by
His Lordship to His Messenger, which is the most special kind of Lordship
and which points to the truth of His message, confirming that faith cannot
be valid except with three things: 

1.

Referral for judgement in all disputes must be made to the
Messenger of Allaah (peace and blessings of Allaah be upon him).

2.

They should open their hearts to his judgement and there
should be no objection or resistance to it in their hearts.

3.

There must be full submission and acceptance of his ruling
and it must be implemented with no hesitation or deviance.  

As for the second category (verse which say that he is a
kaafir, zaalim and faasiq): 

For example, Allaah says (interpretation of the meaning):  

“And whosoever does not judge by what Allaah has revealed,
such are the Kaafiroon (i.e. disbelievers — of a lesser degree as they do
not act on Allaah’s Laws)”

[al-Maa’idah 5:44] 

“And whosoever does not judge by that which Allaah has
revealed, such are the Zaalimoon (polytheists and wrongdoers — of a lesser
degree)”

[al-Maa’idah 5:45] 

“And whosoever does not judge by what Allaah has revealed
(then) such (people) are the Faasiqoon [the rebellious i.e. disobedient (of
a lesser degree)] to Allaah”

[al-Maa’idah 5:47].

Can these three characteristics be applied to one person,
i.e., is the one who does not rule by what Allaah has revealed a kaafir,
zaalim and faasiq? Because Allaah has described the kaafirs as being
wrongdoers and evildoers, as He says (interpretation of the meaning):
“And it is the disbelievers who are the Zaalimoon (wrongdoers)” [al-Baqarah
2:254] and “Certainly they disbelieved in
Allaah and His Messenger, and died while they were Faasiqoon (rebellious, —
disobedient to Allaah and His Messenger
صلى الله عليه وسلم)” [al-Tawbah
9:84], so every kaafir is a wrongdoer and evildoer
– or do these characteristics apply to those  described only insofar as they
do not rule by that which Allaah has revealed? The latter is more likely in
my view, and Allaah knows best.  

We say: The one who does not rule by that which Allaah has
revealed because he regards it as insignificant, or he looks down on it, or
he believes that something else is better and more beneficial to people, is
a kaafir in the sense of being beyond the pale of Islam. Among these are
those who promulgate for the people legislation that goes against Islamic
laws to be a way by which people live. They only promulgated that
legislation which goes against Islamic laws because they believe that it is
better for people, because it is well known on the basis of common sense [?]
that people do not turn away from one way to another way that is different
unless they believe that the one they turned to is better and that the one
they turned away from is lacking.  

If a person does not rule by that which Allaah has revealed,
but he does not regard it as insignificant, look down on it or believe that
something else is better than it and more beneficial for people, rather he
rules by something else by way of wronging those who are under his rule and
out of vengeance and so on, then he is a wrongdoer but he is not a kaafir,
and the level of his wrongdoing varies according to the alternative by which
he rules and the means of ruling. 

If a person does not rule by that which Allaah has revealed,
but he does not regard it as insignificant, look down on it or believe that
something else is better than it and more beneficial for people, rather he
rules by something else so as to fulfill the wish of those who are ruled, or
because of a bribe or for some other worldly reason, then he is a faasiq
(rebellious evildoer) but he is not a kaafir, and the level of his
wrongdoing varies according to the alternative by which he rules and the
means of ruling. 

Shaykh al-Islam Ibn Taymiyah (may Allaah have mercy on him)
said concerning those who take their rabbis and monks as lords instead of
Allaah that they are of two types: 

1.

Those who know that they changed the religion of Allaah and
they follow them in those changes, and believe in the permissibility of what
was  forbidden and the prohibition of what Allaah has permitted, following
their leaders, even though they know that they have gone against the
religion of the Messengers. This is kufr and Allaah and His Messenger regard
it as shirk. 

2.

Those who believe in the permissibility of what was forbidden
and the prohibition of what Allaah has permitted, but they obeyed them in
disobeying Allaah, as the Muslim does when he commits sins that he believes
are sins. They come under the same ruling as other sinners. End quote. 

Shaykh Muhammad ibn ‘Uthaymeen (may Allaah have mercy on
him). 

Source

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