The Ruling on Abandoning the Judgment of Allah's Law
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It appears that this topic touches a sensitive nerve for many Muslims. So, by the decree and destiny of Allah, a letter from Sister (A. A. A.) from the Arab Republic of Egypt asks about the same topic, saying: Is the term "disbeliever" applied to one who does not apply the ruling of Allah, as the Exalted said: [Al-Ma'idah: 44], or is this term for the one who says that the ruling of Allah is not suitable for this world? We ask for clarification.
Answer: It is permissible to call him a disbeliever, an oppressor, and an open sinner. However, if he believes that the ruling of Allah is not suitable, or that it is permissible to judge by laws, that is major shirk (associating partners with Allah). If he does not hold that belief but does so out of disobedience and following his desires, it is disbelief less than disbelief, oppression less than oppression, and open sinfulness less than open sinfulness. Thus, applying the terms of disbelief, oppression, and open sinfulness to him is permissible in all three cases. But if he considers it permissible to judge by other than what Allah has revealed and deems it lawful, whether he says that the ruling of Allah is better or equal, or says that the ruling of the taghut (tyranny) is better, then in this he is an apostate, and his disbelief is major shirk, his oppression is major oppression, and his open sinfulness is major open sinfulness.
As for if he judges by other than what Allah has revealed out of a desire in his heart for the one being judged, or for the benefit of the one seeking judgment, or for a bribe he took from the one seeking judgment, all of this falls under the category of minor shirk, minor oppression, and minor open sinfulness. And if he is called a disbeliever, it is in this sense for the purpose of deterrence. Yes.
The presenter: Shaykh Abdul Aziz, I find that every question coming after those previous questions is significant due to their importance, so let the remaining time of this episode be about the same topic, Shaykh Abdul Aziz?
The Shaykh: There is no harm. This topic is among the most important and most dangerous topics; because most states claiming affiliation with Islam do not judge by the law of Allah in everything, but only in some matters, such as personal status or acts of worship. This is undoubtedly a great error and a major crime. It is obligatory for all Muslim rulers to repent to Allah from that and return to the correct path and the truth, and to judge by the law of Allah regarding Allah's servants in everything: in acts of worship, transactions, crimes, personal status, and every aspect of their affairs. This is based on the saying of Allah, Glorified and Exalted: [An-Nisa: 65], and His saying, the Exalted: [Al-Ma'idah: 50], after He said: [Al-Ma'idah: 49], then He said after that: [Al-Ma'idah: 50].
There is no ruling better than the ruling of Allah, Mighty and Majestic. And it preceded His saying, the Exalted: [Al-Ma'idah: 44], [Al-Ma'idah: 45], [Al-Ma'idah: 47]. Would a Muslim be content to be described with this description? And what is expected from the laws, opinions, and customs of people that they have become accustomed to? In the law of Allah is sufficiency, wealth, and satisfaction in everything.
It is obligatory for every ruler, whether he is a king, a president of the republic, or whatever name he is given, or an emir; it is obligatory for him to rule by the law of Allah, and to compel those under his authority to do so. He must compel the people to resort to the law of Allah for judgment, appoint judges, and provide them with what assists them in doing so. He must also establish the means by which judges who know the law of Allah are found. Therefore, it is necessary to establish sufficient study in the Islamic sciences in universities and non-university institutions, such as mosques. It is not a condition for learning that there be a university; rather, in any place, whether a mosque, a school, or a university, one must find those who study the Islamic sciences until they are qualified to be a judge who rules between people. It is never permissible to rule between people by man-made laws that men have established based on their opinions. Rather, judgment must be based on the law of Allah, and judgment must be taken from the law of Allah between the servants of Allah. We ask Allah for guidance and success for everyone. Yes.
The presenter: O Allah, amen.
And whoever does not judge by what Allah has revealed - then it is those who are the disbelievers.
وَمَنْ لَمْ يَحْكُمْ بِمَا أَنزَلَ اللَّهُ فَأُوْلَئِكَ هُمُ الْكَافِرُونَAnswer: It is permissible to call him a disbeliever, an oppressor, and an open sinner. However, if he believes that the ruling of Allah is not suitable, or that it is permissible to judge by laws, that is major shirk (associating partners with Allah). If he does not hold that belief but does so out of disobedience and following his desires, it is disbelief less than disbelief, oppression less than oppression, and open sinfulness less than open sinfulness. Thus, applying the terms of disbelief, oppression, and open sinfulness to him is permissible in all three cases. But if he considers it permissible to judge by other than what Allah has revealed and deems it lawful, whether he says that the ruling of Allah is better or equal, or says that the ruling of the taghut (tyranny) is better, then in this he is an apostate, and his disbelief is major shirk, his oppression is major oppression, and his open sinfulness is major open sinfulness.
As for if he judges by other than what Allah has revealed out of a desire in his heart for the one being judged, or for the benefit of the one seeking judgment, or for a bribe he took from the one seeking judgment, all of this falls under the category of minor shirk, minor oppression, and minor open sinfulness. And if he is called a disbeliever, it is in this sense for the purpose of deterrence. Yes.
The presenter: Shaykh Abdul Aziz, I find that every question coming after those previous questions is significant due to their importance, so let the remaining time of this episode be about the same topic, Shaykh Abdul Aziz?
The Shaykh: There is no harm. This topic is among the most important and most dangerous topics; because most states claiming affiliation with Islam do not judge by the law of Allah in everything, but only in some matters, such as personal status or acts of worship. This is undoubtedly a great error and a major crime. It is obligatory for all Muslim rulers to repent to Allah from that and return to the correct path and the truth, and to judge by the law of Allah regarding Allah's servants in everything: in acts of worship, transactions, crimes, personal status, and every aspect of their affairs. This is based on the saying of Allah, Glorified and Exalted:
But 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?
أَفَحُكْمَ الْجَاهِلِيَّةِ يَبْغُونَAnd judge, [O Muhammad], between them by what Allah has revealed and do not follow their inclinations and beware of them, lest they tempt you away from some of what Allah has revealed to you. And if they turn away - then know that Allah only intends to afflict them with some of their [own] sins. And indeed, many among the people are defiantly disobedient.
وَأَنِ احْكُمْ بَيْنَهُمْ بِمَا أَنزَلَ اللَّهُ وَلا تَتَّبِعْ أَهْوَاءَهُمْ وَاحْذَرْهُمْ أَنْ يَفْتِنُوكَ عَنْ بَعْضِ مَا أَنزَلَ اللَّهُ إِلَيْكَ فَإِنْ تَوَلَّوْا فَاعْلَمْ أَنَّمَا يُرِيدُ اللَّهُ أَنْ يُصِيبَهُمْ بِبَعْضِ ذُنُوبِهِمْ وَإِنَّ كَثِيرًا مِنَ النَّاسِ لَفَاسِقُونَThen 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 يُوقِنُونَThere is no ruling better than the ruling of Allah, Mighty and Majestic. And it preceded His saying, the Exalted:
And whoever does not judge by what Allah has revealed - then it is those who are the disbelievers.
وَمَنْ لَمْ يَحْكُمْ بِمَا أَنزَلَ اللَّهُ فَأُوْلَئِكَ هُمُ الْكَافِرُونَAnd whoever does not judge by what Allah has revealed - then it is those who are the disbelievers.
وَمَنْ لَمْ يَحْكُمْ بِمَا أَنزَلَ اللَّهُ فَأُوْلَئِكَ هُمُ الظَّالِمُونَAnd whoever does not judge by what Allah has revealed - then it is those who are the disbelievers.
وَمَنْ لَمْ يَحْكُمْ بِمَا أَنزَلَ اللَّهُ فَأُوْلَئِكَ هُمُ الْفَاسِقُونَIt is obligatory for every ruler, whether he is a king, a president of the republic, or whatever name he is given, or an emir; it is obligatory for him to rule by the law of Allah, and to compel those under his authority to do so. He must compel the people to resort to the law of Allah for judgment, appoint judges, and provide them with what assists them in doing so. He must also establish the means by which judges who know the law of Allah are found. Therefore, it is necessary to establish sufficient study in the Islamic sciences in universities and non-university institutions, such as mosques. It is not a condition for learning that there be a university; rather, in any place, whether a mosque, a school, or a university, one must find those who study the Islamic sciences until they are qualified to be a judge who rules between people. It is never permissible to rule between people by man-made laws that men have established based on their opinions. Rather, judgment must be based on the law of Allah, and judgment must be taken from the law of Allah between the servants of Allah. We ask Allah for guidance and success for everyone. Yes.
The presenter: O Allah, amen.
Source
binbaz.org.sa
The Arabic text is copied verbatim from the original source, without any edits.