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﴿ فَاسْأَلُوا أَهْلَ الذِّكْرِ إِن كُنتُمْ لَا تَعْلَمُونَ ﴾

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Is referring disputes to other than the law of Allah considered disbelief, given that he believes, with a belief that leaves no room for doubt, that the Islamic legal rulings are the best?

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The questioner : From Sudan, he asks in this question: Is referring disputes to other than the law of Allah considered disbelief, given that he believes, with a belief that leaves no room for doubt, that the rulings of the Islamic Shari'ah are better than the man-made laws? We ask for guidance on this matter, and may you be rewarded?

The Shaykh : Praise be to Allah, Lord of the worlds, and I send prayers and peace upon our Prophet Muhammad, and upon his family and all his Companions. The answer to this question is clarified as follows: First, Allah, Glorified and Exalted is He, created the creation to worship Him. He created the jinn and mankind to worship Him, as Allah the Exalted said:
And I did not create the jinn and mankind except to worship Me. وما خلقت الجن والإنس إلا ليعبدون
[Adh-Dhariyat 51:56]
And the worship of Allah, Glorified and Exalted is He, is humbling oneself to Him out of love and reverence by establishing His prescribed laws, whether in the heart, in speech, or in action.
Second, Allah, Mighty and Majestic, said:
And in anything over which you disagree - its ruling is [to be referred] to Allah. وما اختلفتم فيه من شيء فحكمه إلى الله
[Ash-Shuraa 42:10]
So there is no judge between the servants except Allah, Glorified and Exalted is He, and it is not permissible for anyone to divert this matter from what Allah has directed us toward,
And in anything over which you disagree - its ruling is [to be referred] to Allah. وما اختلفتم فيه من شيء فحكمه إلى الله
[Ash-Shuraa 42:10]
nor to anyone other than Him.
Third, Allah, Mighty and Majestic, said:
O you who have believed, obey Allah and obey the Messenger and those in authority among you. And if you disagree over anything, refer it to Allah and the Messenger, if you should believe in Allah and the Last Day. That is the best [way] and best in result. يا أيها الذين ءامنوا أطيعوا الله وأطيعوا الرسول وأولي الأمر منكم فإن تنازعتم في شيء فردوه إلى الله والرسول إن كنتم تؤمنون بالله واليوم الأخر ذلك خير وأحسن تأويلا
[An-Nisa 4:59]
So reflect on this noble verse and you will find that obedience to those in authority is subordinate to obedience to Allah and His Messenger, and is not independent. For this reason, He said:
O you who have believed, obey Allah and obey the Messenger and those in authority among you يا أيها الذين ءامنوا أطيعوا الله وأطيعوا الرسول وأولي الأمر منكم
[An-Nisa 4:59]
and He did not say "and obey those in authority." This clearly indicates that obedience to those in authority is subordinate to obedience to Allah and cannot be independent. Then Allah says:
And if you disagree over anything, refer it to Allah and the Messenger, if you should believe in Allah and the Last Day فإن تنازعتم في شيء فردوه إلى الله والرسول إن كنتم تؤمنون بالله واليوم الأخر
[An-Nisa 4:59]
He did not say "refer it to such-and-such a law, or such-and-such a law, or such-and-such an opinion, or such-and-such a theory, or the like." Rather, there is no reference except to Allah and His Messenger; to Allah and His Book, and to His Messenger and his Sunnah (peace and blessings be upon him). If he is alive, then to him himself; and if he is dead, then to what has been preserved of his Sunnah (peace and blessings be upon him).
Fourth, Allah the Exalted said:
But no, by your Lord, they will not [truly] believe until they make you, [O Muhammad], judge concerning that over which they dispute among themselves and then find within themselves no discomfort from what you have judged and submit in [full, willing] submission. فلا وربك لا يؤمنون حتى يحكموك فيما شجر بينهم ثم لا يجدوا في أنفسهم حرجا مما قضيت ويسلّموا تسليما
[An-Nisa 4:65]
So Allah, Glorified and Exalted is He, swore by His lordship over His Messenger Muhammad (peace and blessings be upon him), which is a specific lordship that no other lordship equals in relation to the servants. For the more a person worships Allah, the more specific Allah's lordship over him becomes. It is well known that our Prophet Muhammad (peace and blessings be upon him) was the most devoted of people in worship of Allah. Accordingly, Allah swore by this specific lordship attributed to the Messenger of Allah (peace and blessings be upon him) that no one believes except with these conditions. The first condition is:
until they make you, [O Muhammad], judge concerning that over which they dispute among themselves حتى يحكموك فيما شجر بينهم
[An-Nisa 4:65]
that they do not judge by other than what He has revealed. The second condition is:
and then find within themselves no discomfort from what you have judged ثم لا يجدوا في أنفسهم حرجا مما قضيت
[An-Nisa 4:65]
rather, their hearts expand for it and open up to it, so they find no distress or narrowness in what He has decreed. The third is:
and they submit in complete submission ويسلّموا تسليما
For this reason, He emphasized this action with the verbal noun in His saying:
and they submit in complete submission ويسلّموا تسليما
.
Once you have understood these four matters, it becomes clear to you that a person's departure from referring disputes to Allah and His Messenger is contrary to what Allah created the servants for, contrary to what Allah guided that disputes should be referred to, contrary to what Allah the Exalted established regarding obedience to those in authority, and contrary to the judgment of the Messenger (peace and blessings be upon him). For this reason, Allah the Exalted said:
And whoever does not judge by what Allah has revealed - then it is those who are the disbelievers. ومن لم يحكم بما أنزل الله فأولئك هم الكافرون
[Al-Ma'idah 5:44]
. Yes, that is correct.

The questioner : May Allah bless you.
Source alathar.net

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

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