What is the ruling on a judge who judges in all cases other than what Allah the Exalted has revealed?
Machine translationRead the Arabic original
The questioner : In the previous lesson, we discussed the interpretation of one who judges other than what Allah has revealed, and that there is a difference between one who legislates
The Shaykh : Yes
The questioner : and one who judges in a specific, isolated case.
The Shaykh : Yes
The questioner : So, what is the ruling regarding a judge who judges in all cases in this manner?
The Shaykh : This is looked at: if this judge believes that other than the law of Allah is like it or better than it, or that it is permissible to seek judgment from it, then he is a disbeliever. Yes.
The questioner : And otherwise?
The Shaykh : And otherwise, it is according to his state: either open sinfulness or oppression. If he is coerced into this, as some people say, he must resign from the position; it is not permissible for him to remain.
The questioner : ...
The Shaykh : Which one?
The questioner : The difference between...
The Shaykh : Yes, legislation is when one enacts a law and says, "This is what will be used to judge between people." This means he has abolished the Shari'ah entirely and has no desire to return to it. As for the one who judges in a specific case, he has not abolished the Shari'ah; the Shari'ah remains as it is, but he himself judged in this case contrary to the Shari'ah. So it is looked at: if he sees that the ruling of the Shari'ah is like the ruling of the Shari'ah or better, or that it is permissible to judge contrary to the Shari'ah, then it is disbelief. If it is with the intention of oppressing the one being judged, then it is oppression. If it is due to a personal bias in himself, then it is open sinfulness. Yes.
The questioner : The first is a disbeliever.
The Shaykh : The first is a disbeliever because the first clearly substituted the Shari'ah; he substituted it with other than the Shari'ah.
The questioner : ...
The Shaykh : One cannot believe this. This is a hypothetical matter... a law, and he believes that this is what will reform the people.
The Shaykh : Yes
The questioner : and one who judges in a specific, isolated case.
The Shaykh : Yes
The questioner : So, what is the ruling regarding a judge who judges in all cases in this manner?
The Shaykh : This is looked at: if this judge believes that other than the law of Allah is like it or better than it, or that it is permissible to seek judgment from it, then he is a disbeliever. Yes.
The questioner : And otherwise?
The Shaykh : And otherwise, it is according to his state: either open sinfulness or oppression. If he is coerced into this, as some people say, he must resign from the position; it is not permissible for him to remain.
The questioner : ...
The Shaykh : Which one?
The questioner : The difference between...
The Shaykh : Yes, legislation is when one enacts a law and says, "This is what will be used to judge between people." This means he has abolished the Shari'ah entirely and has no desire to return to it. As for the one who judges in a specific case, he has not abolished the Shari'ah; the Shari'ah remains as it is, but he himself judged in this case contrary to the Shari'ah. So it is looked at: if he sees that the ruling of the Shari'ah is like the ruling of the Shari'ah or better, or that it is permissible to judge contrary to the Shari'ah, then it is disbelief. If it is with the intention of oppressing the one being judged, then it is oppression. If it is due to a personal bias in himself, then it is open sinfulness. Yes.
The questioner : The first is a disbeliever.
The Shaykh : The first is a disbeliever because the first clearly substituted the Shari'ah; he substituted it with other than the Shari'ah.
The questioner : ...
The Shaykh : One cannot believe this. This is a hypothetical matter... a law, and he believes that this is what will reform the people.