Introduction
This article contains a transcript of a lecture by Shaikh `Abdu-Salam Burjis
on the understanding of the ayahs in Surah Ma’idah related to Ruling by
other than what Allah has revealed. Before we begin the lecture, a number of
fatawaa from the Ulamaa of the Salaf of contemporary times have been included:
Fataawaa of the Permanent Committee for Research and
Verdicts, compiled by Shaikh Ahmad bin `Abdur-Razzaq ad-Duwaish, Volume 1
(Aqidah).
Question No. 11 of Fatwa No.5741
Q. The one who does not judge by what Allaah has revealed, is he a Muslim or
a Kafir [guilty of] the major kufr and are his actions accepted?
A. All Praise is due to Allaah and prayers and peace upon the His Messenger,
his family and his companions. To proceed:
Allaah the Most High said: "And whosoever does not judge by what
Allâh has revealed, such are the Kâfirûn" (5:44), and He
the Most High said, "And whosoever does not judge by that which Allâh
has revealed, such are the Zâlimûn" (5:45) and He the Most High
said, "And whosoever does not judge by what Allâh has revealed (then)
such (people) are the Fâsiqûn" (5:47).
However if he declares that to be lawful (istahalla dhalik) and believes it
to be permissible (i’taqadahu jaa’izan), then this is the major
kufr, the major fisq and the major dhulm which expels him from the religion.
However, if he did this due to a bribe or some other motive while believing in
the forbiddance [of this act], then he is considered a disbeliever with the
minor kufr, a dhalim with the minor dhulm and a fasiq with the minor fisq which does not expel him from the
religion – as the people of knowledge have explained in the exegesis
(tafsir) of the aforementioned verses.
The Permanent Committee for Research and Verdicts
Member
Abdullah bin Ghudayan
Deputy Head
`Abdur-Razzaq `Afifi
Head
`Abdul-`Aziz bin Baz
END
Shaikh Muhammad bin Ibrahim said: "The actualisation of the meaning of
'Muhammad is the Messenger (sallallaahu alayhi wasallam) is from judging to his sharee'ah and confining
oneself to that - and rejecting whatever is in opposition to that from amongst
the rules (qawaaneen) and regulations and all those things for which Allaah has
not revealed any authority. ""And the one who judges by them (hakama
bihaa) or refers to them (haakama ilaihaa) - for judgement whilst believing in
the correctness (sihhah) of that or the permissibility (to judge by them)
(jawaaz), then he is a kaafir with the kufr that ejects from the religion. And
if he does that without belief (I'tiqaad) in their correctness and (regarding
it) permissible to judge by them (jawaaz), then he is a kaafir with the kufr in
action, which does not eject from the religion." [Fataawaa Shaikh Ibrahim
10/9]
Imaam Ibn Baz said regarding Imaam al-Albani’s discourse on Ruling by
Other than What Allaah has revealed: "I came across the beneficial,
valuable reply which was given by the Eminent Shaikh Muhammad Naasir ud-Deen
al-Albaanee - out of his graciousness - may Allaah grant him success in the
publication: "Ash-Sharq al-Awsat" and the Magazine
"al-Muslimoon" - the one in which he replied to the one who asked him
about "performing takfeer of the one who judged by other than what Allaah
has revealed without elaborating (upon the matter more fully)" So he
replied to it with a word of truth, and has arrived at the truth in it, and has
travelled upon the path of the believers by it and has made manifestly clear -
may Allaah grant him success - that it is not permissible for anyone amongst the
people to declare the one who judged by other than what Allaah has revealed - a
disbeliever - merely on account of an action, without his knowledge that this
person declared such an act to be permissible with his heart (istihalla dhaalik
biqalbihi). And he used evidence for that what has come from Ibn Abbaas (ra) and
others from among the Salaf.
A Treatise on Ruling by Other than What Allaah has Revealed
