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Ruling By Other Than What Allaah Has Revealed
  Imaam Ibn Baaz on Tabdeel and Kufr Doona Kufr
Source: Hiwaar Hawla Masaa’il it-Takfeer Ma’a Allaamah ash-Shaikh Abdul-Azeez Ibn Baaz
Article ID : MNJ050016  [15527]  
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INTRODUCTION

[1] Stated one of the Qutubists of the West, in his attack against the Imaams of the Salaf and their followers, "Another manifestation of the new world order in which we find ourselves and to which I and other brothers have commented on this forum for the past few years is the re-interpretation of concepts of the Islamic religion in order to support the new world order in the name of the Sunna and Salafiya... Also among their deviant concepts was that the removal of the sharia and its replacement by secular law was only a sin, albeit kufr duna kufr" [1]

[2] This particular individual was also amongst those instrumental in spreading the slander and mighty fabrication against Imaam al-Albani that he is Murji’ in his aqeedah, culminating in his ignorant followers in the UK – who have knowledge of neither Arabic and nor the sciences of the Shari’ah – in accusing Imaam al-Albani of the Irjaa of Jahm Ibn Safwaan.[2]

[3] It was also this particular individual who promoted the innovation of Tawheed ul-Haakimiyyah, pouring his wrath on anyone who spoke against it, stating, "Now somebody might ask, of the four types of Tawheed that they mentioned, Tawheed ur-Ruboobiyyah, Tawheed ul-Ibadah, Tawheed ul-Asmaa was-Sifaat, and Tawheed al-Haakimiyyah - why did they pay so much attention to Tawheed al-Haakimiyyah. What is the secret behind this? The secret behind this is because those who have falsely attributed these ideas to as-Salafiyyah, have tried to argue that Tawheed al-Haakimiyyah is not from Tawheed - and that to say "Tawheed al-Haakimiyyah", some of them have said that this is a bid'ah -and some of them have said that this should be reduced to the principles of fiqh." (Advice to the Salafis of the UK 1996). [3]

IMAAM IBN BAZ ON TABEEL

Imaam Ibn Baaz was asked: "Is replacement (of the Shari’ah) with the secular laws (tabdeel ul-qawaaneen) considered to be major kufr that expels from the religion?".

He replied: "When he makes it permissible (istibaaha). When he makes it permissible to judge with a law other than the Shari’ah he becomes a disbeliever with the major kufr – if he makes that permissible. As for when he does that for specific reasons, out of disobedience to Allaah, for the sake of bribery, or pleasing somebody, and knows that this is haraam, then this is kufr doona kufr (the minor kufr).


As for when he does it while declaring it lawful (mustahillan lahu), then this is major kufr. As Ibn ‘Abbaas said concerning the saying of Allaah the Most High, "And whosoever does not judge by what Allâh has revealed, such are the Kâfirûn (i.e. disbelievers - of a lesser degree as they do not act on Allâh's Laws)". (Al-Ma'idah 5:44) – so he said, "This is not like the one who disbelieves in Allaah, but it is the minor kufr (kufr doona kufr)".

Meaning, "when he declares it lawful (istahalla) to judge by the secular law, or declares it lawful to judge with such and such, and likewise, [when he makes it lawful] to judge with such and such Sharee’ah, then he is a kaafir."

Then the questioner said: "Is there a difference between replacement (tabdeel) and between ruling in a particular issue? Tabdeel O Shaikh?"

To which the Shaikh replied: "If he does not desire (lam yaqsud) Istihlaal (making it lawful) by that [4], but did it due to some other reasons, then this is kufra doona kufr (the minor kufr). As for when he says, ‘There is no harm in judging by what Allaah has revealed’, even if he said that the Sharee’ah is better, however, he says, ‘there is no harm in this, it is permissible’, he is declared a disbeliever on account of that with the major kufr, regardless of whether he says that the Sharee’ah is still better, or it is equal to the Sharee’ah, or that it is better than the Sharee’ah, then all of this is (major) disbelief."

The questioner said: "Meaning, this ruling (that you have explained) encompasses both tabdeel (replacement of the Sharee’ah) and other than tabdeel. It covers all of the types?"

The Shaikh replied: "It ecompasses all of the forms, it is in all of the forms "

Source
Refer to the book, "Hiwaar Hawla Masaa’il it-Takfeer Ma’a Allaamah ash-Shaikh Abdul-Azeez Ibn Baaz" and it is found also in al-Furqaan Magazine (no. 94)


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