Exegesis of the saying of Allah the Exalted: {And whoever does not judge by what Allah has revealed...}
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Question:
How do we reconcile the saying of Allah the Exalted: [Al-Ma'idah: 44] [Al-Ma'idah: 45]?
Answer:
This is according to its apparent meaning: whoever judges by other than what Allah has revealed and considers it lawful commits disbelief. However, the people of the Sunnah provide a detailed distinction in this matter: whoever considers it lawful commits disbelief, but whoever does not consider it lawful commits a disbelief less than disbelief, as Ibn Abbas, Mujahid, and the majority of scholars stated. Whoever judges by other than what Allah has revealed is an oppressor, a disbeliever, and an open sinner if he considers it lawful. As for if he does not consider it lawful, but judges due to a doubtful matter, a desire, or a bribe, then this becomes minor shirk (associating partners with Allah), minor oppression, and minor open sinfulness. So if he judges in favor of a relative or is given money and judges by other than what Allah has revealed for the sake of the money, then this makes him an open sinner, and he has minor shirk, minor oppression, and minor shirk. We ask Allah for safety.
How do we reconcile the saying of Allah the Exalted:
And whoever does not judge by what Allah has revealed - then it is those who are the disbelievers.
وَمَنْ لَمْ يَحْكُمْ بِمَا أَنْزَلَ اللَّهُ فَأُولَئِكَ هُمُ الْكَافِرُونَAnd whoever does not judge by what Allah has revealed - then it is those who are the disbelievers.
وَمَنْ لَمْ يَحْكُمْ بِمَا أَنْزَلَ اللَّهُ فَأُولَئِكَ هُمُ الظَّالِمُونَAnswer:
This is according to its apparent meaning: whoever judges by other than what Allah has revealed and considers it lawful commits disbelief. However, the people of the Sunnah provide a detailed distinction in this matter: whoever considers it lawful commits disbelief, but whoever does not consider it lawful commits a disbelief less than disbelief, as Ibn Abbas, Mujahid, and the majority of scholars stated. Whoever judges by other than what Allah has revealed is an oppressor, a disbeliever, and an open sinner if he considers it lawful. As for if he does not consider it lawful, but judges due to a doubtful matter, a desire, or a bribe, then this becomes minor shirk (associating partners with Allah), minor oppression, and minor open sinfulness. So if he judges in favor of a relative or is given money and judges by other than what Allah has revealed for the sake of the money, then this makes him an open sinner, and he has minor shirk, minor oppression, and minor shirk. We ask Allah for safety.
Source
binbaz.org.sa
The Arabic text is copied verbatim from the original source, without any edits.