The Detailing of the Issue of Ruling by Other Than What Allah Has Revealed
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Your Eminence,Most of the people of knowledge say: If the one who rules by other than what Allah has revealed does not consider ruling by other than what Allah has revealed to be permissible, and knows that Allah’s ruling is better than the ruling of others, then he is not declared a disbeliever except on the condition that he considers it permissible.
What is the evidence that he is not declared a disbeliever unless he considers it permissible? And if considering something permissible can only occur in the heart by believing that a forbidden thing is lawful, how can we know that this person considers it permissible or not? May Allah reward you with good!
First: May Allah bless you. We must know that the meaning of declaring a person a disbeliever is transferring him from Islam to disbelief, and this entails great rulings,Among the most important of them: such as making his blood and wealth lawful to be taken, and this is a great matter that it is not permissible for us to be lax in.For example: If we say this is lawful and this is forbidden without knowledge, it is less severe than if we say this is a disbeliever and this is a Muslim without knowledge.
It is well known that declaring someone a disbeliever and declaring someone a Muslim is a matter for Allah (Mighty and Majestic). So when we look at the evidence, we find that Allah described those who rule by other than what He has revealed with three descriptions:So he said: [Al-Ma'idah: 44],And he said: [Al-Ma'idah: 45],And he said: [Al-Ma'idah: 47], and He described ruling by other than what He has revealed as ignorance,So he said: [Al-Ma'idah: 50]. So we must find a way out of these descriptions, which appear to contradict each other, and we have no way out in this except to apply the established principles of the Shari'ah.
For example: If a man comes to us and abolishes the Shari'ah ruling and makes laws in its place that contradict what Allah revealed to His Messenger, then there is no doubt that he considers it permissible; because he has completely abolished the ruling and established a law of his own making or of one who is in a worse state than him. So this person is a disbeliever; because his abolishing the Shari'ah rulings and establishing laws in their place means that he has considered them permissible.But regarding him, it remains: Do we declare this specific man a disbeliever, or do we wait until the proof is established against him? Because he may confuse worldly matters with matters of creed or worship. For this reason, you will find that he respects worship and has not changed it.So he does not say, for example: For example, if the time for the midday prayer comes and people are at work, they delay it until the afternoon prayer, or if the time for the night prayer comes and people need to sleep, they bring the night prayer forward to the sunset prayer, for instance. He respects this. But in worldly matters, he may be bold and establish laws that contradict the Shari'ah. So in terms of it being disbelief, there is no doubt about it; because this is abolishing the Shari'ah ruling and replacing it with something else. But we must establish the proof against him and look into why he did that. Some scholars who are state scholars may confuse him, and they distort the words from their places in order to please the ruler.They say, for example: Worldly matters, economically, agriculturally, in taking and giving, are entrusted to humans; because interests vary.Then they confuse him with the saying of the Prophet (peace and blessings be upon him): (You know best the affairs of your worldly life), and most of the rulers existing now are ignorant; they do not know anything. So if a man with a large turban, long sleeves, and wide cuffs comes to him and says: This is a matter that returns to interests, and interests vary according to time, place, and circumstances.And the Prophet (peace and blessings be upon him) said: (You know best the affairs of your worldly life), and there is no harm in changing the laws that were codified in the time of the Companions and were suitable for that time to laws that suit the people of this time, thereby making lawful what Allah has forbidden.And they say, for example: Riba is of two types: riba of investment, and riba of exploitation. So the first is permissible and the second is forbidden.Then they say: Write this article.
So this person becomes ignorant.But if we establish the proof against him and say: This is a mistake, and this is an error and a distortion by this scholar who deceived you. Then he persists in what he is upon; at that time, we declare him a disbeliever and do not care.
In conclusion: The scholars (may Allah have mercy on them) divided this issue in order to reconcile these absolute texts with the known principles of the Shari'ah.
What is the evidence that he is not declared a disbeliever unless he considers it permissible? And if considering something permissible can only occur in the heart by believing that a forbidden thing is lawful, how can we know that this person considers it permissible or not? May Allah reward you with good!
First: May Allah bless you. We must know that the meaning of declaring a person a disbeliever is transferring him from Islam to disbelief, and this entails great rulings,Among the most important of them: such as making his blood and wealth lawful to be taken, and this is a great matter that it is not permissible for us to be lax in.For example: If we say this is lawful and this is forbidden without knowledge, it is less severe than if we say this is a disbeliever and this is a Muslim without knowledge.
It is well known that declaring someone a disbeliever and declaring someone a Muslim is a matter for Allah (Mighty and Majestic). So when we look at the evidence, we find that Allah described those who rule by other than what He has revealed with three descriptions:So he said:
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 الْكَافِرُونَAnd 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 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 الْفَاسِقُونَThen is it the judgement of [the time of] ignorance they desire? But who is better than Allah in judgement for a people who are certain [in faith].
أَفَحُكْمَ الْجَاهِلِيَّةِ يَبْغُونَ وَمَنْ أَحْسَنُ مِنَ اللَّهِ حُكْماً لِقَوْمٍ يُوقِنُونَFor example: If a man comes to us and abolishes the Shari'ah ruling and makes laws in its place that contradict what Allah revealed to His Messenger, then there is no doubt that he considers it permissible; because he has completely abolished the ruling and established a law of his own making or of one who is in a worse state than him. So this person is a disbeliever; because his abolishing the Shari'ah rulings and establishing laws in their place means that he has considered them permissible.But regarding him, it remains: Do we declare this specific man a disbeliever, or do we wait until the proof is established against him? Because he may confuse worldly matters with matters of creed or worship. For this reason, you will find that he respects worship and has not changed it.So he does not say, for example: For example, if the time for the midday prayer comes and people are at work, they delay it until the afternoon prayer, or if the time for the night prayer comes and people need to sleep, they bring the night prayer forward to the sunset prayer, for instance. He respects this. But in worldly matters, he may be bold and establish laws that contradict the Shari'ah. So in terms of it being disbelief, there is no doubt about it; because this is abolishing the Shari'ah ruling and replacing it with something else. But we must establish the proof against him and look into why he did that. Some scholars who are state scholars may confuse him, and they distort the words from their places in order to please the ruler.They say, for example: Worldly matters, economically, agriculturally, in taking and giving, are entrusted to humans; because interests vary.Then they confuse him with the saying of the Prophet (peace and blessings be upon him): (You know best the affairs of your worldly life), and most of the rulers existing now are ignorant; they do not know anything. So if a man with a large turban, long sleeves, and wide cuffs comes to him and says: This is a matter that returns to interests, and interests vary according to time, place, and circumstances.And the Prophet (peace and blessings be upon him) said: (You know best the affairs of your worldly life), and there is no harm in changing the laws that were codified in the time of the Companions and were suitable for that time to laws that suit the people of this time, thereby making lawful what Allah has forbidden.And they say, for example: Riba is of two types: riba of investment, and riba of exploitation. So the first is permissible and the second is forbidden.Then they say: Write this article.
So this person becomes ignorant.But if we establish the proof against him and say: This is a mistake, and this is an error and a distortion by this scholar who deceived you. Then he persists in what he is upon; at that time, we declare him a disbeliever and do not care.
In conclusion: The scholars (may Allah have mercy on them) divided this issue in order to reconcile these absolute texts with the known principles of the Shari'ah.