Leniency in Judging by Other Than the Law of Allah
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Q: Many Muslims are lenient in judging by other than the law of Allah. Some believe that this leniency does not affect their adherence to Islam, while others consider it permissible to judge by other than what Allah has revealed and do not care about the consequences of that. What is the truth in this matter?
A: This requires a detailed explanation. It is said that if a person judges by other than what has been revealed, knowing that he is obligated to judge by what Allah has revealed and that he is contradicting the Shari'ah, but he considers this matter permissible and sees that there is no blame on him for it, believing that it is permissible for him to judge by other than the law of Allah, then he is a disbeliever with major shirk according to all scholars. This is like judging by man-made laws established by men, such as the Christians or the Jews or others, who claim that it is permissible to judge by them, or who claim that they are better than the judgment of Allah, or who claim that they are equal to the judgment of Allah, and that a person is free to choose: if he wishes, he judges by the Qur'an and the Sunnah, and if he wishes, he judges by man-made laws. Whoever holds this belief is a disbeliever by the consensus of the scholars, as mentioned previously.
As for the one who judges by other than what Allah has revealed out of desire or for immediate gain, while knowing that he is disobeying Allah and His Messenger, that he has committed a great evil, and that it is obligatory for him to judge by the law of Allah, he does not become a disbeliever with major shirk because of that. However, he has committed a great evil, a major sin, and minor shirk, as stated by Ibn Abbas, Mujahid, and others among the scholars of knowledge. He has committed a shirk less than shirk, an injustice less than injustice, and open sinfulness less than open sinfulness. It is not major shirk. This is the position of the people of the Sunnah and the community.
And Allah the Exalted said: [al-Ma'idah:49] And He the Exalted said: [al-Ma'idah:44] [al-Ma'idah:45] [al-Ma'idah:47] And the Prophet (peace and blessings be upon him) said: [al-Nisa':65] And the Prophet (peace and blessings be upon him) said: [al-Ma'idah:50] So the ruling of Allah is the best of rulings, and it is obligatory to follow, and through it comes the rectification of the community and its happiness in this world and the Hereafter, and the rectification of the entire world, but most of creation are heedless of this.
We seek help from Allah, and there is no power and no strength except in Allah, the Most High, the Magnificent.
A: This requires a detailed explanation. It is said that if a person judges by other than what has been revealed, knowing that he is obligated to judge by what Allah has revealed and that he is contradicting the Shari'ah, but he considers this matter permissible and sees that there is no blame on him for it, believing that it is permissible for him to judge by other than the law of Allah, then he is a disbeliever with major shirk according to all scholars. This is like judging by man-made laws established by men, such as the Christians or the Jews or others, who claim that it is permissible to judge by them, or who claim that they are better than the judgment of Allah, or who claim that they are equal to the judgment of Allah, and that a person is free to choose: if he wishes, he judges by the Qur'an and the Sunnah, and if he wishes, he judges by man-made laws. Whoever holds this belief is a disbeliever by the consensus of the scholars, as mentioned previously.
As for the one who judges by other than what Allah has revealed out of desire or for immediate gain, while knowing that he is disobeying Allah and His Messenger, that he has committed a great evil, and that it is obligatory for him to judge by the law of Allah, he does not become a disbeliever with major shirk because of that. However, he has committed a great evil, a major sin, and minor shirk, as stated by Ibn Abbas, Mujahid, and others among the scholars of knowledge. He has committed a shirk less than shirk, an injustice less than injustice, and open sinfulness less than open sinfulness. It is not major shirk. This is the position of the people of the Sunnah and the community.
And Allah the Exalted said:
And judge, [O Muhammad], between them by what Allah has revealed
وَأَنِ احْكُمْ بَيْنَهُمْ بِمَا أَنْزَلَ اللَّهُAnd 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 الظَّالِمُونَAnd 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 الْفَاسِقُونَBut no, by your Lord, they will not [truly] believe until they make you, [O Muhammad], judge concerning that over which they dispute among themselves and then find within themselves no discomfort from what you have judged and submit in [full, willing] submission.
فَلا وَرَبِّكَ لا يُؤْمِنُونَ حَتَّى يُحَكِّمُوكَ فِيمَا شَجَرَ بَيْنَهُمْ ثُمَّ لا يَجِدُوا فِي أَنْفُسِهِمْ حَرَجًا مِمَّا قَضَيْتَ وَيُسَلِّمُوا تَسْلِيمًاThen is it the judgement of [the time of] ignorance they desire? But who is better than Allah in judgement for a people who are certain [in faith].
أَفَحُكْمَ الْجَاهِلِيَّةِ يَبْغُونَ وَمَنْ أَحْسَنُ مِنَ اللَّهِ حُكْمًا لِقَوْمٍ يُوقِنُونَWe seek help from Allah, and there is no power and no strength except in Allah, the Most High, the Magnificent.
Source
binbaz.org.sa
The Arabic text is copied verbatim from the original source, without any edits.