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Judging by Other than What Allaah Revealed


Judging by Other than What Allaah has Revealed

Shaykh Abdul-Azeez ibn Baaz

Reference: Majmoo’ Fataawa Ibn Baaz: 3/990-991.

Category: Methodology

Are the rulers; who rule by other than what Allaah has revealed considered to be disbelievers, and what if we were to say that they are Muslims. Then what would we say regarding Allaah’s saying: {And whosoever does not judge by what Allaah has revealed, such are the disbelievers} [1]

The rulers who rule by other than what Allaah has revealed are of many different ranks. To pass a verdict regarding them differs according to their beliefs and actions.

1) Hence he who rules by other than what Allaah has revealed and believes it to be better then the revealed law of Allaah, then that person is considered a disbeliever according to all the Muslims.

2) Also, the one who rules by man-made laws instead of the law of Allaah, and considers it to be permissible, even if he were to say:

‘‘without doubt to rule by the revealed law of Allaah is far more better,’’

…then even in this case he is still considered a disbeliever because of him trying to be the one to legitimatize that which Allaah has ordained as unlawful.

3) As for the one who rules by other than what Allaah has revealed because of following his whims, or corruption, or having enmity between himself and the one being judged upon, or for any other numerous reasons, and he knows that undoubtedly he is being disobedient to Allaah by ruling by other than what Allaah has revealed and what is incumbent upon him is to rule by the revealed law of Allaah, then he will be regarded as being from amongst the disobedient people and those who commit major sins. Furthermore, he will also be regarded as having committed minor disbelief [2] , minor oppression, and minor transgression. For this is the meaning that has been reported on the authority of Ibn ‘Abbaas [3] , [and his student] Tawoos [4] , and a group amongst the pious predecessors [5] [with regards to his condition] and this type of verdict [regarding him] is something which is well known by the people of knowledge. And Allaah is the possessor of all prosperity & success.

Translator: Zulfiker Ibrahim al-Memoni al-Athari

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  1. Dawud
    August 1, 2010 at 20:55

    Assalaamu Alaykum Jafar,

    I don’t want to get into a debate over this, something I dont consider myself qualified in this particular field as I am only following the scholars opinion I consider most correct,

    But just for the purposes of helping your readers understand there is difference amongst the ulema of ahlus sunnah on this could we put up the following fatwah as many ulema past and present dont agree with making a difference between intention and action in this matter and view it as a matter of kufr akbar?

    Assalaamu alaykum,
    Daw’ud, The Islamic Standard

    Start>
    When Is Ruling By Other Than Allah’s Law Lesser Kufr?
    Shaykh `Abdul `Aziz `Abdul Latif

    Excerpted from: “Hukmu’Llahi wa maa Yunaafeeh”
    Dar Al-Watan Lin-Nashr, Riyadh, 1413 AH

    Ruling by other than Allah’s Law is lesser kufr (kufr asghar) when a ruler or a judge rules by other than what Allah has revealed in a specific case (*) – while believing in the obligation of ruling by what Allah revealed in that specific case – abandoning it (Allah’s law) due to disobedience and desire, but recognizing at the same time that he is sinning with regard to that, and deserving of punishment.

    [(*) Author’s footnote: And this behavior is not an established methodology, nor a permanent law. Had it been so (an established methodology or permanent law), it would be considered refusal and rejection of the Share`ah rule. Rather, he is committed in practice to Allah’s law in its entirety, as was said by ibn Taymiyya, and as Shaykh Muhammad Ibrahim said: “As for one about whom it is said, ‘ kufr doon kufr’ (kufr that is not the greater kufr that causes one to leave Islam), he is one who seeks judgment from other than Allah, believing that he is disobedient, and believing that the rule of Allah is the truth, and he does this once or so. As for the case of those who legislate organized laws (such as a constitution divided in articles of law) and forces others to follow them, then that is kufr, even if they say ‘we made a mistake and Allah’s Law is more just.'” – Fatawa Muhammad Ibrahim 12/280 ]

    …Also, it is important to understand the apparent meaning of the sayings of Ibn Mijliz and Ibn `Abbas, (may Allah be pleased with them) in their correct context without exaggeration or understatement, so that we are not like al-Khawarij, who made any variance with the rule of Allah greater kufr. At the same time we are not like those at the other extreme, who made any rejection of the Sharee`ah, putting it aside and turning away from it, lesser kufr. So Ibn `Abbas and ibn Mijliz did not intend [ed. with their sayings about lesser kufr] to mean the one who refrains from or refuses commitment to Allah’s Law, and who seeks judgment from laws of Jahiliyyah (ignorance), for in those past generations there was no-one who did such a thing. So the words of as-Salaf as-Salih with regards to the sin of kufr doon kufr, are about an individual case, or a specific situation of ruling by other than what Allah has revealed – due to following desires, while believing that such an action (ruling in such a way) is prohibited and sinful, and not with regards to a general methodology or way, and this is made obvious by the statement of Ibn Taymiyyah: “As for one who is committed to the rule of Allah and His Messenger, inwardly and outwardly, but he disobeys and follows his desires, his situation is like that of the sinners.” [Minhaj al-Sunnah 5/131]

    Similarly, as ibn ul-Qayyim said: “If he believes in the obligation of ruling by what Allah revealed in this case, and he abandons it disobediently, recognizing that it is deserving of punishment, then that is lesser kufr.” [Madarij as-Salikin, 1/336]
    End.

    • August 4, 2010 at 15:20

      Walaikum Salam yes there are some Ulama that have the opinion that ruling with other than what Allah reveals without doing istilal(declaring permissble verberly)but what the jamhoor(majority) of the ulama were on the opinion of ibn baaz.One of the strongest evidences being that the case of najashi Ibn taymiyah said about him in minhaj us sunnah page112

      And likewise an-Najaashi who was a Christian king of his country would not have
      been obeyed by the people whom he ruled over in accepting Islam and only a few
      people accepted Islam with him. If he embraced Islam openly the people would
      have left him. For this reason, when he died there were no Muslims to pray over
      him in his country. The Prophet (SallAllıhu alayhi wassallam) in Madeenah
      prayed over Najaashi, the people went out to a musalla and arranged rows in order
      to pray the janazah for an-Najaashi and the Prophet (SallAllıhu alayhi wassallam)
      prayed over him. He then informed them that an-Najaashi had died saying
      Indeed, your righteous brother from the people of Habasha (Ethiopia) died
      today. Many of the symbols and institutions of Islam, or most of them, were not
      established in Habasha due to his (an-Najaashi) inability to implement them
      there.
      This is a very precise point as an-Najaashi therefore was aware of many of the symbols
      and institutions of Islam and knew about them yet was unable to implement and apply.

      So in summary najashi ruled by other than what allaah revealed he died in 9AH and most of the sharia was revealed,but he was ruled as a muslim as the prophet prayed over him when he died

  2. Isa
    August 4, 2010 at 02:35

    as-salaamu’alaikum,
    I would like to get in touch with Sh. Zulfiker. We have met before.

    Isa (Australia)

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