The benefits derived from the hadith of Abu Shurayh (may Allah be pleased with him).
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The Shaykh : It is derived from this hadith that the judgment belongs to Allah, as He said (peace and blessings be upon him): . As for cosmic judgment, there is no dispute among any of the creation regarding it, and no one can oppose Allah the Exalted in His cosmic decrees, nor is anyone able to oppose Allah in His cosmic decrees. As for legislative judgment, it is the test of trial, affliction, and examination, and therefore people have divided over it. Whoever legislates for people a legislation other than the legislation of Allah, and considers it better than the legislation of Allah, or more beneficial for the servants, or equal to the legislation of Allah, or that it is permissible to leave the legislation of Allah for it, is a disbeliever. Note that legislation is not the same as judgment; legislation means establishing laws. This legislator has undoubtedly made himself an equal to Allah Mighty and Majestic, and he did not legislate these laws except to make people judge by them. This is disbelief in the Shari'ah; this is disbelief in the Shari'ah. Accordingly, we say that whoever legislates for people laws and statutes, whether in acts of worship or transactions, that contradict the Shari'ah of Allah, is considered to have committed disbelief in the Shari'ah, because he did not legis these except while believing that the Shari'ah is not suitable and that these are more perfect than the Shari'ah. We say that if he believes they are more perfect, or equal, or that it is permissible to judge by them, he is a disbeliever. You might say, "Give us evidence for this, because the ruling of declaring someone a disbeliever is not for you to decide." If we allowed everyone who wished to declare the servants of Allah disbelievers, the Khawarij would have been correct in their declaration of disbelief against the Muslims they declared disbelievers, and the Mu'tazilah would have been correct in excluding people from faith, even if they did not include them in disbelief. We say that whoever says they are better than the judgment of Allah, or that they are equal to it, has lied to the saying of Allah the Exalted: [Al-Ma'idah 5:50] How did he lie to it? Because the interrogative form implies negation, meaning no one is better. So if you say, "No, there is something better in it," you have lied.
Now, if you say there is something equal to it, I do not say better, but I say equal, is that also a lie? Yes, a people who are certain.
If someone says, "Now, the third matter: I do not say it is better, nor that it is like it, but I say it is permissible to turn away from the Shari'ah of Allah to this. What is the evidence for declaring him a disbeliever?"[Al-Ma'idah 5:44] It tells you: [Al-Ma'idah 5:44]
The student:[Al-Ma'idah 5:50] ...
The Shaykh : Now,[An-Nisa 4:60-61] this is evidence of their disbelief because they said, "They claim that they have believed." They claim. Is this an affirmation of their faith or a denial? It is a denial. The apparent meaning of the verse is that they claim without truth or right. Accordingly, we say that the saying of the Messenger (peace and blessings be upon him), "to Him belongs the judgment," indicates that whoever makes the judgment to other than Allah has committed disbelief. We remain with the matter of judging by other than what Allah has revealed, without making it an organized system for people to follow. That is, it is obligatory for the student of knowledge to know the difference between legislation that establishes a system to be followed, replacing the Qur'an or substituting for the Qur'an, and judging a specific case by other than what Allah has revealed. Regarding the latter, we do not say he is a disbeliever; we may say he is a disbeliever and an open sinner, a sin that is less than disbelief, and an oppressor. We ask, "What led you to judge this case contrary to the Shari'ah?" He says, "By Allah, because this is better than the judgment of the Shari'ah." Is this a disbeliever? Yes, this is a disbeliever. Now, why did you judge this case contrary to the Shari'ah? He says, "By Allah, I want this land to belong to so-and-so so that I can take it from him cheaply." This is an open sinner; this is an open sinner. Yes, because he judged by his own desire. The third case: we asked, "Why did you judge?" He says, "By Allah, this... and I hate the person being judged, and I want to harm him." What is the ruling? He is an oppressor. The description of oppression is more apparent in him, or is he an open sinner at the same time? The first one before him is also an open sinner, but the appearance of oppression is in this one because he has no desire in himself; he does not want anything for himself, but only wants to harm the person being judged. Yes, we say this is oppression. Therefore, we can say that if someone judges by other than the Shari'ah regarding a person, if his intention is for the benefit of that person, he is among the open sinners; and if his intention is to harm the person being judged, he is among the oppressors. Both are open sinners and oppressors, but the appearance of oppression is clearer in the latter than in the former, and the appearance of desire is clearer in the former than the appearance of oppression in the latter. Yes.
And to Him belongs the judgment
وإليه الحكمBut who is better than Allah in judgement for a people who are certain [in faith].
ومن أحسن من الله حكما لقوم يوقنونNow, if you say there is something equal to it, I do not say better, but I say equal, is that also a lie? Yes, a people who are certain.
If someone says, "Now, the third matter: I do not say it is better, nor that it is like it, but I say it is permissible to turn away from the Shari'ah of Allah to this. What is the evidence for declaring him a disbeliever?"
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 الكافرونAnd 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 الفاسقونThe student:
Then is it the judgement of [the time of] ignorance they desire?
أفحكم الجاهلية يبغونThe Shaykh : Now,
