Is the one who resorts to man-made laws considered a disbeliever whose disbelief is a belief that takes him out of the religion?

Al-Halabi : The questioner:The questioner : He says: Is the one who resorts to man-made laws considered a disbeliever whose disbelief is a belief that takes him out of the religion? And now we hear from some of those who speak on this issue a distinction between the one who replaces the laws and the one who resorts to judgment by other than what Allah has revealed. We want the answer to these two issues.

The Shaykh : If the question is directed to the one who judges by other than what Allah has revealed, that is not the one who resorts to judgment; the question is about the one who resorts to judgment.
Al-Halabi : Yes, the question is about the one who resorts to judgment.

The Shaykh : Yes. If you know the ruling for the one who judges by other than what Allah has revealed, you will know by extension the ruling for the one who resorts to judgment by other than what Allah has revealed. We have also spoken about this issue here and in other places repeatedly. The guideline and rule in this matter is that a Muslim’s mere falling into a violation of the Shari'ah does not make him leave the religion unless he considers that violation permissible in his heart. There is no difference in this between a judge and a subject. For example, today you know of tribal rulings among some Bedouin Arabs that they have inherited from their fathers and grandfathers. These people, without doubt, judge in many of their rulings contrary to the Shari'ah. What is said about these people? If it is known from them that what they judge by is contrary to the Islamic Shari'ah, first, and then they consider that permissible in their hearts, second, then it is disbelief that takes them out of the religion. The same ruling applies to the judges who judge the peoples, not just a tribe or two. This ruling is the same. Whoever judges by earthly laws and considers that permissible in his heart, let alone if he believes that he sees these earthly laws as better for managing the affairs of the Ummah, is without doubt more disbelieving than the first group. But if he believes that his judgment by these laws contradicts the Shari'ah and that the Shari'ah is what should be judged by, but he is like the usurer, like the drinker of intoxicants, like the fornicator, like all the sinners, if you remind them of their sin, what do they say? “May Allah accept our repentance.” That is, they acknowledge their sin but persist in it due to their desires and personal interests. But if this individual, the drinker of intoxicants or the fornicator or the usurer, is told, “Fear Allah and leave what you are doing, whether drinking intoxicants, fornication, or usury, for it is forbidden,” and he says to you, “Yes, it is forbidden,” then he has left the religion, just as a hair comes out of dough. This same ruling applies to the individual judges. Therefore, it is not just or fair in any way to declare someone a disbeliever, meaning to take them out of the religion, absolutely, or to not declare them a disbeliever absolutely. That is an error. Rather, the detail that you heard just now is necessary. If you know that, you know the answer.The questioner : Regarding resorting to these courts that judge by other than what Allah has revealed, we know the answer. If this person who resorts to them considers resorting to these laws that contradict the Shari'ah permissible, then his case is the case of the judge. And if he does not consider it permissible, his case is also the case of the judges. The ruling is one in this matter.