What is the ruling on one who refuses to submit to the judgment of Allah’s Shari'ah?
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Question:
He says: I had a dispute, I had a dispute with a friend of mine over some worldly matters, and he wronged me. So I asked him to go with me to one of the shaykhs in our land so that he would judge between us by the Shari'ah of Allah, Mighty and Majestic. But he refused and said to me, "I cannot go with you because he wants to, or because he does not know this matter." Who says such words, and what is the ruling on one who acts upon this?
Answer:
The one who is called to the Shari'ah of Allah and refuses, and wants the judgment of the law, is a disbeliever. He, Glorified and Exalted is He, said:[An-Nisa 4:44] They are called to the Book of Allah to judge between them, then a group of them turn away, and they are averted. And He said regarding the hypocrites: [An-Nur 24:48-49].
Allah the Exalted said: Have you not seen those[An-Nisa 4:60]? It is obligatory for the one who is called to the Shari'ah judgment to say, "We hear and we obey" [An-Nur 24:51]. Yes.
He says: I had a dispute, I had a dispute with a friend of mine over some worldly matters, and he wronged me. So I asked him to go with me to one of the shaykhs in our land so that he would judge between us by the Shari'ah of Allah, Mighty and Majestic. But he refused and said to me, "I cannot go with you because he wants to, or because he does not know this matter." Who says such words, and what is the ruling on one who acts upon this?
Answer:
The one who is called to the Shari'ah of Allah and refuses, and wants the judgment of the law, is a disbeliever. He, Glorified and Exalted is He, said:
Have you not seen those who were given a portion of the Scripture
أَلَمْ تَرَ إِلَى الَّذِينَ أُوتُوا نَصِيبًا مِّنَ الْكِتَابِ(48) And when they are called to [the words of] Allah and His Messenger to judge between them, at once a party of them turns aside [in refusal]. (49) But if the right is theirs, they come to him in prompt obedience.
وَإِذَا دُعُوا إِلَى اللَّهِ وَرَسُولِهِ لِيَحْكُمَ بَيْنَهُمْ إِذَا فَرِيقٌ مِّنْهُم مُّعْرِضُونَ وَإِن يَكُن لَّهُمُ الْحَقُّ يَأْتُوا إِلَيْهِ مُذْعِنِينَAllah the Exalted said: Have you not seen those
who claim to have believed in what was revealed to you, [O Muhammad], and what was revealed before you? They wish to refer legislation to Taghut, while they were commanded to reject it
يَزْعُمُونَ أَنَّهُمْ آمَنُوا بِمَا أُنزِلَ إِلَيْكَ وَمَا أُنزِلَ مِن قَبْلِكَ يُرِيدُونَ أَن يَتَحَاكَمُوا إِلَى الطَّاغُوتِ وَقَدْ أُمِرُوا أَن يَكْفُرُوا بِهِThe only statement of the [true] believers when they are called to Allah and His Messenger to judge between them is that they say, "We hear and we obey."
إِنَّمَا كَانَ قَوْلَ الْمُؤْمِنِينَ إِذَا دُعُوا إِلَى اللَّهِ وَرَسُولِهِ لِيَحْكُمَ بَيْنَهُمْ أَن يَقُولُوا سَمِعْنَا وَأَطَعْنَا
Source
قناة «العلامة الدكتور صالح الفوزان»، ما حكم من يأبى التحاكم إلى شرع الله؟ #فتاوى الفوزان — youtube.com
The Arabic text is a machine transcription of the audio recording.