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Manhaj

Ruling By Other Than What Allaah Has Revealed
  Sayings of the Ulamaa' Regarding Ruling by Other than What Allaah has Revealed and the Two Types of Kufr
Source: Tranlated by Abu Iyaad as-Salafi
Article ID : MNJ050001  [13172]  


Allaamah Ibn al-Qayyim (d. 751H) said: "And it is correct that judging by other than what Allaah has revealed is both types of kufr (disbelief) - kufr asghar (the minor disbelief) and kufr akbar (the major disbelief) - and [which of the two it is] depends on the condition of the ruler. If he believes in the obligation of judging by what Allaah has revealed in this situation but turned away from it - out of disobedience - and while acknowledging that he is deserving of punishment then this is kufr asghar. And if he believes that it is not obligatory and that he has a choice in the matter - along with his firm belief that it is the judgement of Allaah - then this is kufr akbar - and if was ignorant in the matter or made an error then he is one who errs (mukhtee’) and his ruling is as the same for those who err. [Madaarij us-Saalikeen 1/337]

Shaikh Abdur-Rahmaan as-Sa’dee (d. 1376H) said: "Judging by other than what Allaah has revealed is among the actions of the People of Disbelief - and it can also take one outside of the religion. And that is when he believes in its legality and its permissibility. And it can sometimes be one of the major sins and from the actions of disbelief - the one who is guilty of it will receive a heavy punishment - and He said: "And whoever does not judge by what Allaah has revealed, then they are the wrongdoers (dhaalimoon)." Ibn Abbaas said: "Kufr less than kufr and dhulm less than dhulm and fisq less than fisq. It is dhulm akbar when it is declared permissible but it is a great sin when it is done without declaring it permissible." [Tayseer al-Kareem ar-Rahmaan 2/296-297]

Imaam Ibn al-Jawzee (d. 596H) said: "And the decisive speech in this regard is that whoever does not judge by what Allaah has revealed - while rejecting it [in belief] {jahahda) and he knows that it is Allaah who revealed it - as the Jews did - then he is a disbeliever. And whoever does not judge by what Allaah has revealed - inclining to his desires without rejecting it [in belief] then he is a dhaalim, faasiq and it has been reported from Alee bin Abu Talhah from Ibn Abbaas that he said: "Whoever rejects (jahada) what Allaah has revealed then he has disbelieved, and whoever affirms it (aqarra bihi) but does not judge by it - then he is a dhaalim, a faasiq." [Zaad al-Maysir 2/366]

Shaikh Muhammad Ameen ash-Shanqeetee (d. 1393H) said: "Know that the liberating stance in this topic is that kufr, dhulm and fisq, all of them can be used in the legislation with the intent of ‘disobedience’ at one time and with the intent of ‘kufr that ejects from the religion another time’. And whoever does not judge by what Allaah has revealed, turning away and contradicting the Messenger (sallallaahu alayhi wasallam) and nullifying the rulings (ahkaam) of Allaah, then his dhulm, fisq, and kufr - all of them are disbelief that eject from the religion. And whoever does not judge by what Allaah has revealed, whilst believing that he is committing a forbidden action and doing a reprehensible action, then his kufr, dhulm and fisq does not eject him from the religion. [Adwaa al-Bayaan 2/104]

Imaam ibn Abee Izz al-Hanafee (d. 792H) said: "And there is a matter which it is necessary to comprehend well - that ruling by other than what Allaah has revealed can sometimes be kufr that ejects from the religion and sometimes a major or minor sin - or it can be ‘metaphorical kufr’ (kufran majaaziyyan) or ‘minor kufr’ - and this is in accordance with the state of the ruler. If he believes that ruling by other than what Allaah has revealed is not waajib and that he has a choice in the matter - or if he disdains/despises it - while having conviction that it is the rule of Allaah, then this is the major kufr. And if he believes in the obligation to rule by what Allaah has revealed and in this [particular] incident [he knows it to be the rule of Allaah] but he turns away from it - whilst acknowledging that he deserves punishment then he is a disobedient person and he is termed a disbeliever with the metaphorical type of kufr or the minor type of kufr. [Sharh Aqeedat it-Tahaawiyyah p. 363]

And the Imaam and Mujaddid, Shaikh Muhammad bin Abdul Wahhaab (d. 1206H) said: "Know that those things which eject from the religion (nawaaqid) are then in number: …Whoever believes (i’taqada 0that a guidance other than that of the Prophet (sallallaahu alayhi wasallam) is more perfect or that the judgement other than his is better - such as the one who gives preference to the hukm of the tawaagheet - then such a one is a disbeliever…" [Mu’allifaat Ash-Shaikh al-Imaam Muhammad bin Abdul-Wahhaab - al-Qismul-Awwal]

Shaikh Abdul-Azeez bin Baaz said: "And whoever ruled by other than what Allaah has revealed then he will not be in other than one of four situations: "

1. The one who says: ‘I rule by this because it is superior to the Sharee’ah of Islaam.’ Such a one is disbeliever in the sense of the major disbelief.

2. The one who says: ‘I rule by this because it is like the Sharee’ah of Islaam, so ruling by it is permissible and ruling by the Sharee’ah is permissible’. Such a one is a disbeliever in the sense of the major disbelief.

3. The one who says: ‘I rule by this and ruling by the Sharee’ah of Islaam is superior but ruling by other than what Allaah has revealed is permissible.’ Such a one is a disbeliever in the sense of major disbelief.

4. The one who says: ‘I rule by this’ while he believes that ruling by other than what Allaah has revealed is not permissible and who says that ‘the Sharee’ah of Islaam is superior and it is not permissible to ruler by other than it’ but he is neglectful, or treats matters lightly, or does this action due to a reason which proceeds from his rulers, then he is a disbeliever in the sense of minor disbelief which does not eject from the religion - and it is considered one of the greatest of major sins." [Al-Hukmu bi-Ghairi Maa Anzalallaahu wa Usool ut-Takfeer p. 71/72]


 


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