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Ruling on those who rule with other than allah’s law
RULING ON THOSE WHO RULE WITH OTHER THAN ALLAH’S LAW, AND THE OBLIGATION UPON US TOWARDS THEM
Question:
What is the Shari’ah ruling on the rulers who rule with other than Allah has revealed? Is he like the Umayyad and Abbasid states “kufr duna kufr” ? Or is their Kufr, a major one which takes a person out of the fold of Islam?
And what is our obligation towards this Ruler so we are excused in front of Allah, and this is in both the situations?
Answer:
The Rulers who rule with other than Allah has revealed, rather they rule with man-made laws, or with habits and traditions [grandparents, tribes etc.], they are Kufaar Mushrikun [Polytheists].
Allah Ta’ala said:
وَلَا يُشْرِكُ فِي حُكْمِهِ أَحَدًا
“And He makes none to share in His Decision and His Rule.” [18: 26]
And Allah Ta’ala also said:
إِنِ الْحُكْمُ إِلَّا لِلَّهِ
“Verily! The decision rests only with Allah.” [12: 67]
Their Kufr is Major kufr according to the Ijmaa’ [consensus], the consensus for this was narrated by ibn Katheer and others from the modern scholars of Ahlus-Sunna. Allah Ta’ala said:
وَمَن لَّمْ يَحْكُم بِمَا أَنزَلَ اللَّهُ فَأُولَـٰئِكَ هُمُ الْكَافِرُونَ
“And whosoever does not judge by what Allah has revealed, such are the Kafirun.” [5: 44]
And Allah Ta’ala also said:
أَلَمْ تَرَ إِلَى الَّذِينَ يَزْعُمُونَ أَنَّهُمْ آمَنُوا بِمَا أُنزِلَ إِلَيْكَ وَمَا أُنزِلَ مِن قَبْلِكَ يُرِيدُونَ أَن يَتَحَاكَمُوا إِلَى الطَّاغُوتِ وَقَدْ أُمِرُوا أَن يَكْفُرُوا بِهِ
“Have you not seen those [hypocrites] who claim that they believe in that which has been sent down to you, and that which was sent down before you, and they wish to go for judgement [in their disputes] to the Taghut ]false judges] while they have been ordered to reject them.” [4: 60]
And Allah Ta’ala also said:
أَمْ لَهُمْ شُرَكَاءُ شَرَعُوا لَهُم مِّنَ الدِّينِ مَا لَمْ يَأْذَن بِهِ اللَّهُ
“Or have they partners with Allah [false gods] who have instituted for them a religion which Allah has not ordained?” [42: 21]
And this is what we see happening today, you see the courts ruling with Man-Made laws amongst the people, even if in some places they don’t name it by its real name. What matters is the meanings and the facts, not the names and the deception.
As for the ruler and the judge; if they ruled in a certain issue according to their desires and lust, and not according to [man-made] laws, regulations, organizations, habits and traditions, than this is Kufr duna Kufr, according to the Hadith:
الْقُضَاةُ ثَلاَثَةٌ قَاضِيَانِ فِي النَّارِ
“The judges are three: Two judges that are in the Fire….” then he peace be upon him mentioned the Ignorant judge and the one who rules with his desire, and this is what we witness.” [Narrated by the people of Sunnan]
And ibn Abdel-Barr has narrated in “at-Tamheed” with consensus, that examples like this are from the major sins. And this is what happened in the Umayyad and Abbasid states.
Second part of the question: And what is our obligation towards this Ruler so we are excused in front of Allah, and this is in both the situations?
Answer: Not going to their man-made tyrannical courthouses, and holding on to the Millah of Ibrahim, which says:
إِذْ قَالُوا لِقَوْمِهِمْ إِنَّا بُرَآءُ مِنكُمْ وَمِمَّا تَعْبُدُونَ مِن دُونِ اللَّهِ كَفَرْنَا بِكُمْ وَبَدَا بَيْنَنَا وَبَيْنَكُمُ الْعَدَاوَةُ وَالْبَغْضَاءُ أَبَدًا حَتَّىٰ تُؤْمِنُوا بِاللَّهِ وَحْدَهُ
“When they said to their people: “Verily, we are free from you and whatever you worship besides Allah: we have rejected you, and there has started between us and you hostility and hatred for ever until you believe in Allah Alone.” [60: 4]
And acting according to this Ayah:
فَاصْدَعْ بِمَا تُؤْمَرُ وَأَعْرِضْ عَنِ الْمُشْرِكِينَ
“Therefore proclaim openly [Allah's Message: Tawheed] that which you are commanded, and turn away from Al-Mushrikun.” [15 :94]
And Allah Ta’ala said:
اتَّبِعْ مَا أُوحِيَ إِلَيْكَ مِن رَّبِّكَ ۖ لَا إِلَـٰهَ إِلَّا هُوَ ۖ وَأَعْرِضْ عَنِ الْمُشْرِكِينَ
“Follow what has been revealed to you [O Muhammad] from your Lord, none has the right to be worshipped but He and turn aside from Al-Mushrikun.” [6: 106]
And Allah Ta’ala said:
قُلْ يَا أَيُّهَا الْكَافِرُونَ لَا أَعْبُدُ مَا تَعْبُدُونَ
“Say [O Muhammad]: O disbelievers! “I worship not that which you worship.” [109: 1-2]
This should be combined with hate and enmity and lack of alliance, Allah Ta’ala said:
لَّا تَجِدُ قَوْمًا يُؤْمِنُونَ بِاللَّهِ وَالْيَوْمِ الْآخِرِ يُوَادُّونَ مَنْ حَادَّ اللَّهَ وَرَسُولَهُ وَلَوْ كَانُوا آبَاءَهُمْ أَوْ أَبْنَاءَهُمْ أَوْ إِخْوَانَهُمْ أَوْ عَشِيرَتَهُمْ
“You will not find any people who believe in Allah and the Last Day, making friendship with those who oppose Allah and His Messenger, even though they were their fathers or their sons or their brothers or their kindred [people].” [58: 22]
And also fighting them depending on the ability, if the Mafsadah [harm] is little after migration. Allah Ta’ala said:
يَا أَيُّهَا النَّبِيُّ جَاهِدِ الْكُفَّارَ وَالْمُنَافِقِينَ وَاغْلُظْ عَلَيْهِمْ وَمَأْوَاهُمْ جَهَنَّمُ وَبِئْسَ الْمَصِيرُ
“O Prophet! Strive hard against the disbelievers and the hypocrites, and be severe against them, their abode will be Hell, and worst indeed is that destination.” [66: 9]
Or staying patient until Allah sends His Command, and fighting the Jihad without the weapons. Allah Ta’ala said:
فَلَا تُطِعِ الْكَافِرِينَ وَجَاهِدْهُم بِهِ جِهَادًا كَبِيرًا
“So obey not the disbelievers, but strive against them [by preaching] with the utmost endeavour with it [the Qur'an].” [25: 52]
Answered by Sheikh ‘Ali ibn Khudayr al-Khudayr may Allah hasten his release!
Question:
What is the Shari’ah ruling on the rulers who rule with other than Allah has revealed? Is he like the Umayyad and Abbasid states “kufr duna kufr” ? Or is their Kufr, a major one which takes a person out of the fold of Islam?
And what is our obligation towards this Ruler so we are excused in front of Allah, and this is in both the situations?
Answer:
The Rulers who rule with other than Allah has revealed, rather they rule with man-made laws, or with habits and traditions [grandparents, tribes etc.], they are Kufaar Mushrikun [Polytheists].
Allah Ta’ala said:
وَلَا يُشْرِكُ فِي حُكْمِهِ أَحَدًا
“And He makes none to share in His Decision and His Rule.” [18: 26]
And Allah Ta’ala also said:
إِنِ الْحُكْمُ إِلَّا لِلَّهِ
“Verily! The decision rests only with Allah.” [12: 67]
Their Kufr is Major kufr according to the Ijmaa’ [consensus], the consensus for this was narrated by ibn Katheer and others from the modern scholars of Ahlus-Sunna. Allah Ta’ala said:
وَمَن لَّمْ يَحْكُم بِمَا أَنزَلَ اللَّهُ فَأُولَـٰئِكَ هُمُ الْكَافِرُونَ
“And whosoever does not judge by what Allah has revealed, such are the Kafirun.” [5: 44]
And Allah Ta’ala also said:
أَلَمْ تَرَ إِلَى الَّذِينَ يَزْعُمُونَ أَنَّهُمْ آمَنُوا بِمَا أُنزِلَ إِلَيْكَ وَمَا أُنزِلَ مِن قَبْلِكَ يُرِيدُونَ أَن يَتَحَاكَمُوا إِلَى الطَّاغُوتِ وَقَدْ أُمِرُوا أَن يَكْفُرُوا بِهِ
“Have you not seen those [hypocrites] who claim that they believe in that which has been sent down to you, and that which was sent down before you, and they wish to go for judgement [in their disputes] to the Taghut ]false judges] while they have been ordered to reject them.” [4: 60]
And Allah Ta’ala also said:
أَمْ لَهُمْ شُرَكَاءُ شَرَعُوا لَهُم مِّنَ الدِّينِ مَا لَمْ يَأْذَن بِهِ اللَّهُ
“Or have they partners with Allah [false gods] who have instituted for them a religion which Allah has not ordained?” [42: 21]
And this is what we see happening today, you see the courts ruling with Man-Made laws amongst the people, even if in some places they don’t name it by its real name. What matters is the meanings and the facts, not the names and the deception.
As for the ruler and the judge; if they ruled in a certain issue according to their desires and lust, and not according to [man-made] laws, regulations, organizations, habits and traditions, than this is Kufr duna Kufr, according to the Hadith:
الْقُضَاةُ ثَلاَثَةٌ قَاضِيَانِ فِي النَّارِ
“The judges are three: Two judges that are in the Fire….” then he peace be upon him mentioned the Ignorant judge and the one who rules with his desire, and this is what we witness.” [Narrated by the people of Sunnan]
And ibn Abdel-Barr has narrated in “at-Tamheed” with consensus, that examples like this are from the major sins. And this is what happened in the Umayyad and Abbasid states.
Second part of the question: And what is our obligation towards this Ruler so we are excused in front of Allah, and this is in both the situations?
Answer: Not going to their man-made tyrannical courthouses, and holding on to the Millah of Ibrahim, which says:
إِذْ قَالُوا لِقَوْمِهِمْ إِنَّا بُرَآءُ مِنكُمْ وَمِمَّا تَعْبُدُونَ مِن دُونِ اللَّهِ كَفَرْنَا بِكُمْ وَبَدَا بَيْنَنَا وَبَيْنَكُمُ الْعَدَاوَةُ وَالْبَغْضَاءُ أَبَدًا حَتَّىٰ تُؤْمِنُوا بِاللَّهِ وَحْدَهُ
“When they said to their people: “Verily, we are free from you and whatever you worship besides Allah: we have rejected you, and there has started between us and you hostility and hatred for ever until you believe in Allah Alone.” [60: 4]
And acting according to this Ayah:
فَاصْدَعْ بِمَا تُؤْمَرُ وَأَعْرِضْ عَنِ الْمُشْرِكِينَ
“Therefore proclaim openly [Allah's Message: Tawheed] that which you are commanded, and turn away from Al-Mushrikun.” [15 :94]
And Allah Ta’ala said:
اتَّبِعْ مَا أُوحِيَ إِلَيْكَ مِن رَّبِّكَ ۖ لَا إِلَـٰهَ إِلَّا هُوَ ۖ وَأَعْرِضْ عَنِ الْمُشْرِكِينَ
“Follow what has been revealed to you [O Muhammad] from your Lord, none has the right to be worshipped but He and turn aside from Al-Mushrikun.” [6: 106]
And Allah Ta’ala said:
قُلْ يَا أَيُّهَا الْكَافِرُونَ لَا أَعْبُدُ مَا تَعْبُدُونَ
“Say [O Muhammad]: O disbelievers! “I worship not that which you worship.” [109: 1-2]
This should be combined with hate and enmity and lack of alliance, Allah Ta’ala said:
لَّا تَجِدُ قَوْمًا يُؤْمِنُونَ بِاللَّهِ وَالْيَوْمِ الْآخِرِ يُوَادُّونَ مَنْ حَادَّ اللَّهَ وَرَسُولَهُ وَلَوْ كَانُوا آبَاءَهُمْ أَوْ أَبْنَاءَهُمْ أَوْ إِخْوَانَهُمْ أَوْ عَشِيرَتَهُمْ
“You will not find any people who believe in Allah and the Last Day, making friendship with those who oppose Allah and His Messenger, even though they were their fathers or their sons or their brothers or their kindred [people].” [58: 22]
And also fighting them depending on the ability, if the Mafsadah [harm] is little after migration. Allah Ta’ala said:
يَا أَيُّهَا النَّبِيُّ جَاهِدِ الْكُفَّارَ وَالْمُنَافِقِينَ وَاغْلُظْ عَلَيْهِمْ وَمَأْوَاهُمْ جَهَنَّمُ وَبِئْسَ الْمَصِيرُ
“O Prophet! Strive hard against the disbelievers and the hypocrites, and be severe against them, their abode will be Hell, and worst indeed is that destination.” [66: 9]
Or staying patient until Allah sends His Command, and fighting the Jihad without the weapons. Allah Ta’ala said:
فَلَا تُطِعِ الْكَافِرِينَ وَجَاهِدْهُم بِهِ جِهَادًا كَبِيرًا
“So obey not the disbelievers, but strive against them [by preaching] with the utmost endeavour with it [the Qur'an].” [25: 52]
Answered by Sheikh ‘Ali ibn Khudayr al-Khudayr may Allah hasten his release!