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﴿ فَاسْأَلُوا أَهْلَ الذِّكْرِ إِن كُنتُمْ لَا تَعْلَمُونَ ﴾

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The Detail and Explanation of the Issue of Judging by Other Than What Allah Has Revealed.

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The Shaykh : But here is a brief word: judging by other than what Allah has revealed includes a ruling that is synonymous with apostasy, and a ruling that does not necessitate apostasy. The detail we mentioned regarding lying about the Messenger of Allah (peace and blessings be upon him) must also be kept in mind when interpreting these three verses.
And whoever does not judge by what Allah has revealed - then it is those who are the disbelievers. وَمَنْ لَمْ يَحْكُمْ بِمَا أَنْزَلَ اللَّهُ فَأُولَئِكَ هُمُ الْكَافِرُونَ
[Al-Ma'idah 5:44]
Ibn Abbas said: "Disbelief less than disbelief."
And whoever does not judge by what Allah has revealed - then it is those who are the disbelievers. وَمَنْ لَمْ يَحْكُمْ بِمَا أَنْزَلَ اللَّهُ فَأُولَئِكَ هُمُ الْكَافِرُونَ
[Al-Ma'idah 5:44]
He said in the interpretation of "the disbelievers" in this verse: "Disbelief less than disbelief," meaning that disbelief is of two types: creedal, heart-based disbelief, and practical disbelief. This is what many Muslims today are unaware of, especially the young generation. They imagine that anyone who does not judge by what Allah has revealed is an apostate from his religion, but that is not the case. Rather, one must look at the ruler who judges by other than what Allah has revealed. If he judges by other than what Allah has revealed while considering it permissible in his heart and preferring it over the ruling of Allah and the ruling of His Prophet, then he is the one who becomes an apostate from his religion. But if, deep in his heart, he believes that judging by what Allah has revealed is the correct and obligatory path, but Allah has made us weak against people—how do we want to see them? I mean, I find an excuse for him, even if it is an unacceptable excuse. His excuse with this indicates that he believes in the ruling of Allah and the ruling of His Messenger that it is the correct one, but he has deviated from this ruling, just as many people deviate, whom we think well of. The Muslim ruler who judges by the Book of Allah and the Hadith of the Messenger of Allah (peace and blessings be upon him) is not infallible; he may err in a ruling, for example, by being bribed and judging by other than what Allah has revealed. This applies to His saying (Glorified and Exalted is He):
Then those are the disbelievers فَأُولَئِكَ هُمُ الْكَافِرُونَ
But in what sense are those disbelievers? Is it disbelief of apostasy, or disbelief due to a sin? We look: if, when he was bribed and ruled in favor of the briber with what was not his right, he believed that he was sinful in himself, just as the deceiver, the thief, and the fornicator are considered sinful, then he is sinful but not a disbeliever. This is the meaning of "disbelief less than disbelief." And if he says, as many young people who have been educated with foreign culture say, and faith has not entered their hearts: "No Islam, no faith, no backwardness, no such and such," then he has placed the veil of disbelief over his head, and he is destined for Hell, and what an evil destination. So we must know that it is obligatory for the Muslim to judge by what Allah has revealed and by what the Messenger of Allah (peace and blessings be upon him) interpreted and explained. Whether he is an ordinary mufti, meaning a person walking on the road who is asked a question, he must be careful and not say to him "forbidden" or "permissible" just because he read in a book that it is forbidden or permissible. Likewise, the official, employed mufti is even more obligated not to issue fatwas to people without wisdom, without proof, and without evidence. And judging is even more obligated to be done by judges in their judgments only by what came in the Book of Allah and what came from the Messenger of Allah (peace and blessings be upon him and his family). And due to the severity of judging by the Book and the Sunnah, he (peace and blessings be upon him) said in the authentic hadith:
The judges are three: a judge in Paradise, and two judges in the Fire. A judge who knows the truth and judges by it is in Paradise. A judge who knows the truth but does not judge by it is in the Fire. And a judge who does not know the truth but judges is in the Fire. القضاة ثلاثة : فقاض في الجنة ، وقاضيان في النار ، قاضٍ عرف الحقَّ فقضى به فهو في الجنة ، وقاضٍ عرف الحقَّ فلم يقض به فهو في النار ، وقاضٍ لم يعرف الحقَّ فحكم فهو في النار
; because he judged by ignorance. So it is obligatory to judge by the Book and the Sunnah. If he judges by the Book and the Sunnah, he is the one who is saved. If he judges contrary to what is known from the Book and the Sunnah, he is sinful. And if he judges by ignorance, meaning not by the Book and the Sunnah, but by ignorance of the Hanafi school or the Shafi'i school, because that is not knowledge. Therefore, Ibn al-Qayyim (may Allah have mercy on him) said, and I conclude our lesson with his words, he said:
"Knowledge is: Allah said, His Messenger said, *** The Companions said, it is not deception.
What knowledge has placed you in the foolishness of disagreement *** Between the Messenger and the opinion of a jurist
No, nor denying the attributes and negating them, *** Out of fear of denial of the divine attributes and likening Allah to creation."
And all praise is due to Allah, Lord of the worlds.
Source www.al-albany.com

The Arabic text is copied verbatim from the original source, without any edits.

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