The Ruling on One Who Judges by Other Than What Allah Has Revealed
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Q: Are the judges who judge by other than what Allah has revealed considered disbelievers? And if we say that they are Muslims, what do we say about the saying of the Exalted: [Al-Ma'idah: 44]?
A: Those who judge by other than what Allah has revealed are divided into categories, and their rulings differ according to their beliefs and actions. Whoever judges by other than what Allah has revealed while believing that it is better than the Shari'ah of Allah is a disbeliever in the view of all Muslims. Likewise, whoever makes positive laws the standard instead of the Shari'ah of Allah and believes that this is permissible is a disbeliever, even if he says that making the Shari'ah the standard is better. He is a disbeliever because he has made permissible what Allah has forbidden.
As for the one who judges by other than what Allah has revealed out of following his desires, or for a bribe, or out of enmity between him and the one being judged, or for other reasons, while he knows that by doing so he is disobeying Allah and that it is obligatory for him to make the Shari'ah of Allah the standard, this is considered one of the people of sins and major sins. It is considered that he has committed minor disbelief, minor oppression, and minor open sinfulness. This meaning was reported from Ibn 'Abbas (may Allah be pleased with him and his father), and from Tawus, and a group of the righteous Salaf, and it is the well-known position among the scholars. And success is from Allah.
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 الْكَافِرُونَA: Those who judge by other than what Allah has revealed are divided into categories, and their rulings differ according to their beliefs and actions. Whoever judges by other than what Allah has revealed while believing that it is better than the Shari'ah of Allah is a disbeliever in the view of all Muslims. Likewise, whoever makes positive laws the standard instead of the Shari'ah of Allah and believes that this is permissible is a disbeliever, even if he says that making the Shari'ah the standard is better. He is a disbeliever because he has made permissible what Allah has forbidden.
As for the one who judges by other than what Allah has revealed out of following his desires, or for a bribe, or out of enmity between him and the one being judged, or for other reasons, while he knows that by doing so he is disobeying Allah and that it is obligatory for him to make the Shari'ah of Allah the standard, this is considered one of the people of sins and major sins. It is considered that he has committed minor disbelief, minor oppression, and minor open sinfulness. This meaning was reported from Ibn 'Abbas (may Allah be pleased with him and his father), and from Tawus, and a group of the righteous Salaf, and it is the well-known position among the scholars. And success is from Allah.
Source
binbaz.org.sa
The Arabic text is copied verbatim from the original source, without any edits.