Clarification of the statement regarding one who judges by other than what Allah has revealed
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The reality, O Shaykh, is that you are graciously providing this concise explanation of this great pillar of the pillars of Islam, the first pillar: the testimony that there is no god but Allah and that Muhammad is the Messenger of Allah. Many of our Muslim brothers are lax in some matters. Some believe that this laxity affects tawhid (the oneness of Allah), affecting this pillar of the pillars of Islam. For example: when it comes to referring to the Qur'an and the Sunnah for judgment and implementing that judgment, or implementing some rulings and leaving others, does this affect the fulfillment of this pillar or not?
Answer: This requires detailed explanation. As for one who judges by other than what Allah has revealed, while knowing that it is obligatory for him to judge by what Allah has revealed and that he has contradicted the Shari'ah, but he considers this matter permissible and sees that there is no blame on him for it, and that it is permissible for him to judge by other than the law of Allah, this is a disbeliever with major shirk (associating partners with Allah) according to all scholars. Whoever considers it permissible to judge by other than what Allah has revealed, such as judging by man-made laws established by men from the Christians or the Jews or others, and claims that it is permissible to judge by them, or claims that they are better than the judgment of Allah—and may Allah protect us from that—or claims 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 according to all Muslims. Whoever says that it is permissible to judge by laws, or that they are better, or that they are equal to the judgment of Allah, is a disbeliever by consensus.
The presenter: Or that they are the suitable ones for this time.
The Shaykh: Or that they are more appropriate for the people of the time, then he is a disbeliever by consensus.
As for one who judges by other than what Allah has revealed for the sake of desire, intention, or immediate gain, while knowing that he is wrong, and knowing that he has committed an evil deed and that the obligatory is the judgment of Allah, but he judges by a law or by a bribe out of greed or for other needs within himself, then this is one who has committed a great evil and a major sin and disbelief, but it is called minor shirk (associating partners with Allah), as Ibn Abbas, Mujahid, and others said: "Disbelief less than disbelief, oppression less than oppression, and open sinfulness less than open sinfulness." Like the one who judges by a bribe, or judges by any law, but with his faith that he is wrong and that he is mistaken, yet his desire or love of leadership carried him to it, and he knows that he is wrong and that he is oppressive. This is one who has committed disbelief, but it is not major shirk, rather it is disbelief less than disbelief, oppression less than oppression, and open sinfulness less than open sinfulness. This is the position of the people of the Sunnah and the community.
As for if he believes that it is permissible and that it is permissible for him, or believes that the judgment of the taghut (judgment other than Allah) is more appropriate for the people of the time, and better for them than the judgment of Allah, or that the judgment of Allah is equal to the judgment of the law, or that it is permissible but the judgment of Allah is better, or that the law is permissible but the judgment of Allah is better than it, all of this is major shirk (associating partners with Allah) and apostasy from Islam, we seek refuge in Allah, if he was a Muslim, he becomes an apostate from Islam due to the saying of the Prophet (peace and blessings be upon him):Sunan Ibn Majah 2535Sahih (Darussalam) And this is a change of his religion because he considered permissible the judgment of other than Allah. And Allah the Exalted says: [Al-Ma'idah: 49], and He says: [Al-Ma'idah: 44] ... [Al-Ma'idah: 45] ... [Al-Ma'idah: 47], and He says: : [An-Nisa: 65], and He says: [Al-Ma'idah: 50]. So no one judges better than Allah (Glorified and Exalted is He). So the judgment of Allah is the best of judgments, and it is the obligatory one to follow, and it is by it that the community and the world are reformed. But most of creation are heedless of this. We ask Allah for safety. Yes.
The presenter: O Allah, amen. May Allah reward you with good.
Answer: This requires detailed explanation. As for one who judges by other than what Allah has revealed, while knowing that it is obligatory for him to judge by what Allah has revealed and that he has contradicted the Shari'ah, but he considers this matter permissible and sees that there is no blame on him for it, and that it is permissible for him to judge by other than the law of Allah, this is a disbeliever with major shirk (associating partners with Allah) according to all scholars. Whoever considers it permissible to judge by other than what Allah has revealed, such as judging by man-made laws established by men from the Christians or the Jews or others, and claims that it is permissible to judge by them, or claims that they are better than the judgment of Allah—and may Allah protect us from that—or claims 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 according to all Muslims. Whoever says that it is permissible to judge by laws, or that they are better, or that they are equal to the judgment of Allah, is a disbeliever by consensus.
The presenter: Or that they are the suitable ones for this time.
The Shaykh: Or that they are more appropriate for the people of the time, then he is a disbeliever by consensus.
As for one who judges by other than what Allah has revealed for the sake of desire, intention, or immediate gain, while knowing that he is wrong, and knowing that he has committed an evil deed and that the obligatory is the judgment of Allah, but he judges by a law or by a bribe out of greed or for other needs within himself, then this is one who has committed a great evil and a major sin and disbelief, but it is called minor shirk (associating partners with Allah), as Ibn Abbas, Mujahid, and others said: "Disbelief less than disbelief, oppression less than oppression, and open sinfulness less than open sinfulness." Like the one who judges by a bribe, or judges by any law, but with his faith that he is wrong and that he is mistaken, yet his desire or love of leadership carried him to it, and he knows that he is wrong and that he is oppressive. This is one who has committed disbelief, but it is not major shirk, rather it is disbelief less than disbelief, oppression less than oppression, and open sinfulness less than open sinfulness. This is the position of the people of the Sunnah and the community.
As for if he believes that it is permissible and that it is permissible for him, or believes that the judgment of the taghut (judgment other than Allah) is more appropriate for the people of the time, and better for them than the judgment of Allah, or that the judgment of Allah is equal to the judgment of the law, or that it is permissible but the judgment of Allah is better, or that the law is permissible but the judgment of Allah is better than it, all of this is major shirk (associating partners with Allah) and apostasy from Islam, we seek refuge in Allah, if he was a Muslim, he becomes an apostate from Islam due to the saying of the Prophet (peace and blessings be upon him):
Whoever changes his religion, execute him.
من بدل دينه فاقتلوهAnd judge, [O Muhammad], between them by what Allah has revealed
وَأَنِ احْكُمْ بَيْنَهُمْ بِمَا أَنزَلَ اللَّهُAnd whoever does not judge by what Allah has revealed - then it is those who are the disbelievers.
وَمَنْ لَمْ يَحْكُمْ بِمَا أَنزَلَ اللَّهُ فَأُوْلَئِكَ هُمُُ الْكَافِرُونَThen those are the wrongdoers
فَأُوْلَئِكَ هُمُ الظَّالِمُونَThen those are the open sinners
فَأُوْلَئِكَ 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 أَنفُسِهِمْ 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 يُوقِنُونَThe presenter: O Allah, amen. May Allah reward you with good.
Source
binbaz.org.sa
The Arabic text is copied verbatim from the original source, without any edits.