The Detailing of the Ruling by Other Than What Allah Has Revealed and the Clarification of the Meaning of His Saying, the Exalted: “And whoever does not judge by what Allah has revealed…”

Question:
May Allah reward you, O honorable Shaykh. This questioner says: In His saying, the Exalted: “And whoever does not judge by what Allah has revealed, then it is they who are the disbelievers,” it was reported from Ibn Abbas (may Allah be pleased with them both) that he said: It is not the disbelief that you are referring to, or it is a disbelief less than disbelief. What is the meaning of his statement?

Answer:
Yes, ruling by other than what Allah has revealed: “And whoever does not judge by what Allah has revealed, then it is they who are the disbelievers.” If one does this intentionally, but if one exercises independent legal reasoning and errs in the ruling, then he is excused. The hadith: “The judges are three: two in the Fire and one in Paradise.” The judge who knows the truth and rules by other than it, then he is in the Fire. The judge who knows the truth and rules by other than it out of worldly greed—and his intention is not disbelief or associating partners with Allah, but rather worldly greed—this one is also in the Fire. The judge who knows the truth and rules by it, then he is in Paradise.