And there is no doubt that the what he has mentioned in his reply regarding
the tafseer of the saying of the Exalted - "And whoever does not judge by
what Allaah has revealed, they are the kaafiroon", "And whoever does
not judge by what Allaah has revealed, they are the dhaalimoon", "And
whoever does not judge by what Allaah has revealed, they are the faasiqoon"
- that it is the truth. And he has made manifestly clear - may Allaah grant him
success - that kufr is of two types - kufr akbar and kufr asghar - just as dhulm
is of two types and likes fisq is of two types - akbar and asghar. So whoever
declares lawful (istahalla) judgement by other than what Allaah has revealed, or
declares lawful zinaa, or usury, or other than them from the prohibited things
whose prohibition is agreed upon then he has disbelieved with major kufr, and
major dhulm and major fisq. And whoever does that without declaring them
permissible - then his kufr is kufr asghar and his dhulm is dhulm asghar and
likewise with his fisq...." [Ash-Sharq al-Awsat 12/5/1416]
And also the saying of Shaikh bin Baaz, in his comments upon the saying of
Shaikh Muhammad bin Abdul Wahhaab - in his Nawaaqid ul-Islaam 'whoever believes
that other than the guidance of the Prophet (sallallaahu alayhi wasallam) is more perfect than his
guidance....:' So he said:
"Whoever holds the belief (I'taqada) that the systems and laws which
people have prescribed are better than the Sharee'ah of Islaam, or that they are
equal to it, or that it is permissible (yajooz) to refer to them for
judgement...."
... "and entering into this is everyone who holds the belief (I'taqada)
that it is permissible (yajooz) to judge by other than the Sharee'ah of
Allaah..." [Majmoo' Fataawa wa Maqaalaat Mutanawwa'ah
[2/326-330]
The Lecture
… And as for the second matter under discussion, and that is ruling by
other than what Allah has revealed, before we go onto speak about it and clarify
the ruling about it, we say that ruling by other than what Allah has revealed is
an evil crime. Many Muslims have been put to trial by it in the present times,
both rulers and those who are ruled over.
It is obligatory for the one who has fallen into this sin to refrain from it
and to seek forgiveness from Allah, the Sublime and Almighty.
For it is not lawful for him to remain upon this big sin which is [in
reality] a challenge to the Shari’ah of Allah, and which consists of
overstepping the bounds of what Allah, the Sublime and Almighty has revealed. It
also consists of putting an end to the sanctities of Allah, the Lofty and
Sublime.
And the true Muslim, my dear brothers, shudders out of despair and sorrow at
what he observes of this great and apparent danger and other things like it. And
also at the manner in which it is rapidly spreading in many different facets of
the life of the Muslims today.
Therefore, there is no other option for him, when the situation is as it is,
but to offer advice, and may Allah strengthen him in every moment to rectify the
situation of the Muslims and may Allah guide those amongst them who have
strayed, certainly He is the All-Hearer who responds.
And this sin unlike all the other sins. In fact this is a wicked and
repugnant sin on account of what it contains of opposition to the command of
Allah, the Sublime and Almighty and of what it contains of departing from that
which Allah obligated upon his servants.
And we, just like those besides us from amongst the Muslims, reject it
clearly and in the most severe of manners and we call upon Allah that He guides
the one who has fallen into it and directs him to what is correct and that He
returns him to the truth and what is correct, such that he refrains from this
great sin and repents to Allah, the Sublime and Almighty.
This is one matter. As for the other, which is clarifying the ruling on this
issue from the Islamic Shari’ah, then its ruling is absolutely clear and
evident from the Book of Allah the Most High and Sublime.
He, the Lofty and Sublime said in three places in Surah
al-Mai’idah:
And whosoever does not judge by what Allâh has revealed, such are the
Kâfirûn (5:44)
And whosoever does not judge by that which Allâh has revealed, such are
the Zâlimûn (5:45)
And whosoever does not judge by what Allâh has revealed (then) such
(people) are the Fâsiqûn (5:47)
So the one who reflects on these great verses and looks at them in light of
what the language of the Arabs and the language of the Qur’an necessitate
and require, he will find that they are general in their application to two
entities.
The first: that they are general for all of the Muslims, regardless of
whether they are rulers or those who are ruled over. So these verses include the
overall ruler, the qadi (judge), the teacher, the owner of a house, the wife and
so on.