What is the ruling on one who judges by other than what Allah has revealed, due to a desire in his own soul and following the precedent of previous rulers, while he believes that judging by what Allah has revealed is obligatory and that it is better?
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The questioner : The honorable Shaykh, a questioner asks and says: If a ruler judges by other than what Allah has revealed, while he believes that judging by what Allah has revealed is obligatory 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 previous rulers, does he thereby commit disbelief that expels him from the religion? May Allah reward you with good.
The Shaykh : He does not commit disbelief that expels him from 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 one who judges or does not judge, believing that the judgment of other than Allah is like the judgment of Allah or better than it, this is the one who commits disbelief, whether he judges or does not judge.
For this reason, we see that those who enact laws that contradict the Shari'ah to judge by them among Allah's servants and within Allah's servants are in great danger, whether they judge or do not judge.
And 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, knowing the ruling of Allah in it, but due to a desire in his own soul, is an oppressor or an open sinner. And if we describe his act as disbelief, it is a disbelief less than disbelief.
And he only judges by other than it due to a desire in his own soul and following the precedent of previous rulers, does he thereby commit disbelief that expels him from the religion? May Allah reward you with good.
The Shaykh : He does not commit disbelief that expels him from 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 one who judges or does not judge, believing that the judgment of other than Allah is like the judgment of Allah or better than it, this is the one who commits disbelief, whether he judges or does not judge.
For this reason, we see that those who enact laws that contradict the Shari'ah to judge by them among Allah's servants and within Allah's servants are in great danger, whether they judge or do not judge.
And 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, knowing the ruling of Allah in it, but due to a desire in his own soul, is an oppressor or an open sinner. And if we describe his act as disbelief, it is a disbelief less than disbelief.