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Ruling By Other Than What Allaah Has Revealed
  A Treatise on Ruling by Other than What Allaah has Revealed
Author: Shaikh `Abdus-Salam al-Burjis
Source: Cassette Lecture (Translation and Additions by `Abu Iyaad as-Salafi)
Article ID : MNJ050003  [25356]  
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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.

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