The ruling on one who judges by other than what Allah has revealed while believing that it is obligatory to judge by what Allah has revealed
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Your Eminence! If a ruler judges by other than what Allah has revealed, while he believes that it is obligatory to judge by what Allah has revealed, and that it is better and more excellent than anything else, and he only judges by other than it due to a desire in his own soul and following the precedent of rulers before him, does this make him a disbeliever in a disbelief that takes him out of the religion? May Allah reward you with good.
He does not become a disbeliever in a disbelief that takes him out of the religion by this; rather, he is a sinner and a transgressor in his judgment. He bears the sin of sinners and transgressors in judgment, and he does not exit Islam.
As for the one who judges by other than what Allah has revealed while believing that the judgment of other than Allah is like the judgment of Allah, or better than it, this is the one who becomes a disbeliever.
For this reason, we see that those who enact laws that contradict the Shari'ah to judge between Allah's servants and among Allah's servants are in great danger, whether they actually judge or not. We see a difference between a person who enacts a law that contradicts the Shari'ah to judge people by it, and another person who judges a specific case by other than what Allah has revealed. Because the one who enacts a law for people to follow, knowing that it contradicts the Shari'ah, but intends for people to be upon it, is a disbeliever. But the one who judges a specific issue in which he knows Allah's ruling, but has a desire in his own soul, is an oppressor or an open sinner. And if his act is described as disbelief, it is a lesser disbelief.
He does not become a disbeliever in a disbelief that takes him out of the religion by this; rather, he is a sinner and a transgressor in his judgment. He bears the sin of sinners and transgressors in judgment, and he does not exit Islam.
As for the one who judges by other than what Allah has revealed while believing that the judgment of other than Allah is like the judgment of Allah, or better than it, this is the one who becomes a disbeliever.
For this reason, we see that those who enact laws that contradict the Shari'ah to judge between Allah's servants and among Allah's servants are in great danger, whether they actually judge or not. We see a difference between a person who enacts a law that contradicts the Shari'ah to judge people by it, and another person who judges a specific case by other than what Allah has revealed. Because the one who enacts a law for people to follow, knowing that it contradicts the Shari'ah, but intends for people to be upon it, is a disbeliever. But the one who judges a specific issue in which he knows Allah's ruling, but has a desire in his own soul, is an oppressor or an open sinner. And if his act is described as disbelief, it is a lesser disbelief.