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﴿ فَاسْأَلُوا أَهْلَ الذِّكْرِ إِن كُنتُمْ لَا تَعْلَمُونَ ﴾

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Deviating from the Law of Allah and Adjudicating by Man-Made Laws

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The Shaykh : Whoever rules his people other than by the Law of Allah has not acted justly; rather, he is a disbeliever, may Allah protect us from that. For Allah said:
And whoever does not judge by what Allah has revealed - then it is those who are the disbelievers. من لم يحكم بما أنزل الله فأولئك هم الكافرون
[Al-Ma'idah 5:44]
If this ruler establishes laws for his people that contradict the Shari'ah, and he knows that he is contradicting the Shari'ah, but he deviates from it and says, "I do not deviate from the law," then he is a disbeliever. Even if he prays, gives charity, fasts, performs Hajj, remembers Allah, and testifies to the Messenger's (peace and blessings be upon him) message, he is a disbeliever who will remain in the Fire of Hell on the Day of Resurrection. It is not permissible for him to hold authority over a Muslim people if the people are able to remove him from power. The most important aspect of justice in an imam is that he rules people by the Law of Allah.
And justice is to be equitable between the poor and the rich, between the enemy and the friend, and between the near and the far. Even with the enemy, he must be equitable with him and the friend in matters of judgment. The scholars (may Allah have mercy on them) said: If two men enter before a judge, one a disbeliever and the other a Muslim, it is forbidden for him to distinguish the Muslim by anything. They all enter, they all sit before the judge, and the judge speaks to them all. He does not speak to one without the other. He does not smile at the Muslim and scowl at the disbeliever. No, at this stage of judgment, he must be equitable between them, even though the disbeliever is certainly not like the Muslim.
(35) Then will We treat the Muslims like the criminals? (36) What is [the matter] with you? How do you judge? أفنجعل المسلمين كالمجرمين ما لكم كيف تحكمون
[Al-Qalam 68:35-36]
But in the matter of judgment, people are equal.
And justice is to establish the hudud (fixed punishments) that Allah (Mighty and Majestic) has prescribed for everyone, even for his own children and descendants. Indeed, the Prophet (peace and blessings be upon him), who is the most just of the imams, when intercession was made to him regarding a woman from the Banu Makhzum, the Prophet (peace and blessings be upon him) ordered her hand to be cut off. Usamah interceded for her, and he said to him:
"Will you intercede in a limit of Allah's limits?" He rebuked him, then the Prophet (peace and blessings be upon him) stood up and addressed the people. He praised Allah and extolled Him, then said: "As for what destroyed those before you, it was that when a nobleman among them stole, they left him alone, and when a weak person among them stole, they established the punishment upon him. By Allah, أتشفع في حد من حدود الله أنكر عليه ثم قام النبي صلى الله عليه وسلم فخطب الناس فحمد الله وأثنى عليه ثم قال أما بعد فإن ما أهلك من كان قبلكم أنهم كانوا إذا سرق فيهم الشريف تركوه وإذا سرق فيهم الضعيف أقاموا عليه الحد وايم الله
meaning, "I swear by Allah,
if Fatimah the daughter of Muhammad were to steal, I would cut off her hnad. لو أن فاطمة بنت محمد سرقت لقطعت يدها
Sunan an-Nasa'i 4899Sahih (Darussalam)
May Allah bless you, O Messenger of Allah. Fatimah, the daughter of Muhammad, is the noblest of women, the mistress of the women of Paradise, the daughter of the best of mankind. If she were to steal, her hand would be cut off, and he is her father." Reflect on this: he said,
I would have cut off her hand. لقطعت يدها
and he did not say, "I would order her hand to be cut off." The apparent meaning is that he himself would carry out the cutting of her hand if his daughter were to steal. This is justice, and by this the heavens and the earth were established, and by this the heavens and the earth were established.
And justice is for the imam to appoint to positions those who are qualified for them in their religion and strength: trustworthy, strong, and qualified for the matter over which they are appointed. The pillars of authority—indeed, authority has two pillars: strength and trustworthiness. Allah the Exalted said:
Indeed, the best of those you hire إن خير من استأجرت
Who?
the Strong, the Trustworthy القوي الأمين
And said a strong one of the jinn وقال عفريت من الجن
To Sulayman:
I will bring it to you أنا آتيك به
[An-Naml 27:39]
meaning, with the throne of Bilqis.
before you rise from your place, and indeed, I am for this [task] strong and trustworthy." قبل أن تقوم من مقامك وإني عليه لقوي أمين
[An-Naml 27:39]
So justice is not to appoint anyone to a position unless he is qualified in his strength and his trustworthiness. If he does otherwise, he is not just. If he does so—meaning, if he appoints someone who is not qualified while there is someone better than him—he is not just.
And the important point is that the Prophet (peace and blessings be upon him) made the just imam one of the seven whom Allah will shade in His shade on a day when there is no shade except His. He made him the first of these seven, the first of these seven, because justice in the subjects is very difficult, very difficult. If a person whom Allah has placed in charge of His servants is guided to justice, he attains much good in this, and the community benefits in his era and after him, because he becomes a good role model. So he is among those whom Allah will shade in His shade on a day when there is no shade except His. And, if Allah wills, the rest of the speech regarding the seven will come.
Source alathar.net

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

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