The issue of judging by other than what Allah has revealed - Mighty and Majestic - , and the gravity of adjudication.
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So in this hadith, there is a warning regarding matters that concern us, and that concern the ummah (the Muslim community) which appoints muftis and judges who rule by other than what Allah has revealed. All of these people forget the severe warning mentioned in three verses of the Noble Qur'an: [Al-Ma'idah 5:44], , ; these are explicit verses in the condemnation, indeed in the ruling of kufr (disbelief) upon whoever does not judge by what Allah has revealed. But here is a brief word: judging by what Allah has revealed includes a ruling that entails riddah (apostasy), and includes a ruling that does not entail riddah. The detail we mentioned regarding lying about the Messenger of Allah (peace and blessings be upon him) must also be kept in mind in interpreting these three verses, [Al-Ma'idah 5:44].
Ibn Abbas said: "It is kufr (disbelief) less than kufr (disbelief)."[Al-Ma'idah 5:44]. He said in interpreting the "disbelievers" in this verse: "It is kufr (disbelief) less than kufr (disbelief)." That is to say: kufr (disbelief) is of two types: creedal, heart-based kufr (disbelief), and practical kufr (disbelief). This is what many Muslims today are ignorant of, especially the young generation among them; for they assume that everyone who does not judge by what Allah has revealed is an apostate from his religion. That is not the case. Rather, one must look at the judge who rules by other than what Allah has revealed. If he rules by other than what Allah has revealed, considering it permissible in his heart and preferring it over the ruling of Allah and the ruling of His Prophet, then this 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 guides us—how do we want to drive these people? Meaning, he finds an excuse for them, even if it is an unacceptable excuse. His excuse with this excuse indicates that he believes in the ruling of Allah and the ruling of His Messenger that it is the correct one, but he deviated from this ruling, just as many people deviate, whom we think well of.
The Muslim judge 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, he may be bribed, and then he rules by other than what Allah has revealed. This applies to him regarding the saying of the Exalted:, but in what sense? Is it the kufr (disbelief) of apostasy or the kufr (disbelief) of sin? We look: if, when he was bribed and ruled in favor of the briber with what he had no right to, he believed that he was sinful in himself, just as he believes the deceiver, the thief, and the fornicator are sinful, and so on, then he is sinful but not a disbeliever. This is the meaning of "kufr (disbelief) less than kufr (disbelief)." But if he says what many young people say who have been cultured with foreign culture and faith has not entered their hearts, saying: "No Islam, no faith, no backwardness, no such and such," and so on, then he has placed the cover of kufr (disbelief) on his head. So he is destined for Hellfire, 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) explained and clarified. Whether he is an ordinary mufti; meaning, a person walking on the road and someone comes to ask him; he must be certain and not say to him: "It is haram (forbidden) or halal (lawful)," because he has not studied in a book that it is haram (forbidden) or halal (lawful). Likewise, the official, employed mufti is even more obligated not to issue fatwas to people without what? Without guidance and without evidence and proof. And adjudication is even more obligated that judges do not rule in their judgments except by what came in the Book of Allah and what came from the Messenger of Allah (peace and blessings be upon him).
And due to the gravity of adjudication by the Book and the Sunnah, he (peace and blessings be upon him) said in the authentic hadith:; because he judged by ignorance.
So adjudication by the Book and the Sunnah is obligatory. If he judges by the Book and the Sunnah, he is the one who is saved. If he judges contrary to what he knew from the Book and the Sunnah, he is sinful. And if he judges by ignorance; meaning, by the Book and the Sunnah, not by ignorance where he does not know the Hanafi madhhab (school of jurisprudence) or the Shafi'i madhhab (school of jurisprudence); because this is not knowledge. Therefore, Ibn al-Qayyim (may Allah have mercy on him)—and I conclude our lesson with his words—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
Neither denial of the attributes and their negation *** Out of fear of ta'til (denial of the divine attributes) and tashbih (likening Allah to creation).
And all praise is due to Allah, Lord of the worlds.
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 الْكَافِرُونَThen those are the open sinners
فَأُولَئِكَ هُمُ الْفَاسِقُونَThen those are the wrongdoers
فَأُولَئِكَ هُمُ الظَّالِمُونَAnd 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 الْكَافِرُونَIbn Abbas said: "It is kufr (disbelief) less than kufr (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 الْكَافِرُونَThe Muslim judge 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, he may be bribed, and then he rules by other than what Allah has revealed. This applies to him regarding the saying of the Exalted:
Then those are the disbelievers
فَأُولَئِكَ هُمُ الْكَافِرُونَThen those are the disbelievers
أُولَئِكَ هُمُ الْكَافِرُونَSo 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) explained and clarified. Whether he is an ordinary mufti; meaning, a person walking on the road and someone comes to ask him; he must be certain and not say to him: "It is haram (forbidden) or halal (lawful)," because he has not studied in a book that it is haram (forbidden) or halal (lawful). Likewise, the official, employed mufti is even more obligated not to issue fatwas to people without what? Without guidance and without evidence and proof. And adjudication is even more obligated that judges do not rule in their judgments except by what came in the Book of Allah and what came from the Messenger of Allah (peace and blessings be upon him).
And due to the gravity of adjudication 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 knew the truth and judged by it; so he is in Paradise. A judge who knew the truth but did not judge by it; so he is in the Fire. And a judge who did not know the truth and judged—or ruled; so he is in the Fire.
القضاة ثلاثة : فقاضٍ في الجنة ، وقاضيان في النار ، قاضٍ عرف الحقَّ فقضى به ؛ فهو في الجنة ، وقاضٍ عرف الحقَّ فلم يقضِ به ؛ فهو في النار ، وقاضٍ لم يعرف الحقَّ فحَكَمَ - أو فقضى - ؛ فهو في النارSo adjudication by the Book and the Sunnah is obligatory. If he judges by the Book and the Sunnah, he is the one who is saved. If he judges contrary to what he knew from the Book and the Sunnah, he is sinful. And if he judges by ignorance; meaning, by the Book and the Sunnah, not by ignorance where he does not know the Hanafi madhhab (school of jurisprudence) or the Shafi'i madhhab (school of jurisprudence); because this is not knowledge. Therefore, Ibn al-Qayyim (may Allah have mercy on him)—and I conclude our lesson with his words—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
Neither denial of the attributes and their negation *** Out of fear of ta'til (denial of the divine attributes) and tashbih (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.
