Consequences of Ruling
by Other then Allah's Law!
Shaikh ul-Islaam Ibn Taymiyyah said:
And it is known by necessity in the Deen of the
Muslims and by the agreement of all the Muslims that whoever follows a
Sharee'ah other than the Sharee'ah of Muhammad then he is a Kaafir and
it is like the Kufr of the one who believes in some of the Book and
disbelieves in some of the Book." –"Al-Fataawa",
Vol. 28/ 524
Al-Haafidh Ibn Katheer said:
"So whoever leaves the
clear Sharee'ah, which was revealed to Muhammad Ibn Abdullah, the
Seal of the Prophets, and takes the Hukm to other than it from the
laws of Kufr which are abrogated, he has disbelieved. So what about
the one who takes the Hukm to the 'Yasaaq' (the law of the
Tartars which mixed Sahree'ah rulings with invented rulings) and
puts it before it?! Whoever does that, he has disbelieved by the
Ijmaa' of the Muslims."
– "Al-Bidaayah wa Nihaayah", Vol. 13/ 119
Shaikh 'Abdul-'Azeez Ibn 'Abdullaah Ibn Baaz said:
"There is no Eemaan for the one who believes the
laws of the people and their opinions are superior to the Hukm of
Allaah and His Messenger or that they are equal to it or that they
resemble it or who leaves it or replaces it with fabricated laws and
institutions invented by people, even if he believes that the laws
of Allaah are more encompassing and more just."
– "Risalaat Wujoob Tah'keem Sharee'at Allaah' Pg. 39, which follows
the "Risalaat Tah'keem Al-Qawaneen" Published by "Daar Al-Muslim"
Shaikh Muhammad Ibn Saalih al-'Uthaymeen said:
"The first type is when the Hukm of Allaah is
removed and replaced with another Taghuutee Hukm, so that
the Hukm of the Sharee'ah is eliminated between the people and he
puts in its place another Hukm from the fabrication of the humans
and they remove the laws of the Sharee'ah concerning the
Mu'amilah (i. e. the general actions between people) and they
put in its place fabricated laws and this, without doubt, is
Istib'daal (i. e. replacement) of the Sharee'ah of Allaah
subhaanahuu wa-ta'ala, with other than it. And this is Kufr which
removes one from the Milla because this person put himself at
the level of the Creator because he shara'a (legislated)
for the slaves of Allaah that which Allaah ta'ala did not
give permission for and that is Shirk in His, ta'ala's
saying: "Or have they partners with Allâh (false gods), who have
instituted for them a religion, which Allâh has not allowed?" (Ash-Shu'ara,
21) – "Fiqh Al-' Eebaadaat", #60
Shaikh Muhammad Naasiruddin Al-Albaanee:
Who said, in one of his earlier cassette
recorded lessons, wherein he is describing an argument he had with
someone about the Takfeer of Mustafah Ataturk, the
secularist who converted the constitution of Turkey from the Hanafee
code Sharee'ah, to the man-made laws. So Shaykh Al-Albaanee said:
"I made clear to him (i. e. his opponent) that
the Muslims did not make Takfeer to Ataturk who was Muslim.
No. (They did so) when he freed himself from Islaam when he
implicated upon the Muslims an institution other than the
institution of Islaam. And from that was the example of his
equalizing between the inheritance of the male and the female. But
Allaah says according to us, 'And for the male is the share of two
females. ' And then he obligated upon the Turkish masses, the Qobah
(i. e. a Turkish-style hat)."
– "Fataawa Ash-Shaykh al-Albaanee
wa-Maqara'netihah bi'Fatawaa Al-' Ulaama", Pg. 263 from his cassette
Shaikh Mahmood Shaakir said:
So their question wasn't the 'Eebadeeyah's
question to Abee Majliz about the Tafseer of this Ayaah – about that
which the Mub'tadah of our time agree with concerning the judgement
in money andblood with a law that opposes the Sharee'ah of the
people of Islaam and not concerning implicating a law upon the
people of Islaam and forcing them to take the judgement to other
than the rule of Allaah in His Book and upon the tongue of His
Prophet. So this action is turning away from the Hukm of Allaah and
from His Deen and putting the laws of the Kuffar above the law of
Allaah, subhaanahuu wa-ta'ala and this is Kufr. No one from the
people of the Qiblah with their difference, doubts the Kufr of the
one who says or calls to this." – From his
commentary of At-Tabaree (" Tafseer At-Tabaree" Vol. 10/ 348)
Alaamah Muhammad Al-Ameen Ash-Shanqeetee said:
"And with these Heavenly texts that we have
mentioned, it becomes quite clear that the ones who follow the
fabricated laws, which the Shaytaan has legislated upon the tongues
of his 'Auliya and which oppose that which Allaah, jala-wa'ala
has legislated upon the tongues of His Messengers, peace be upon
them, that no one doubts their Kufr and their Shirk except him who
Allaah has removed his sight and has blinded them to the light of
the revelation as they are!"
– "Adhwaa Al-Bayaan", Vol. 4/ 82-85
Shaikh Saalih al-Fowzaan said:
"So whoever takes the Hukm to other than the
legislation of Allaah from all of the institutions and the man-made
laws, then has taken the implicators of these laws and the ones who
rule with them as partners with Allaah in his legislation. He,
'Or do they have partners who have legislated
for them what Allaah has not allowed? ' And He said:
you obeyed them, then you are Mushrikeen. '
– "Al-Irshaad ila'Saheeh Al-' Atiqaad ", Vol. 1/ 72
And then again, after narrating what Al-Haafidh
Ibn Katheer wrote concerning the Tartar's and "Al-Yasiq", he said,
"And the likes of the law that he mentioned from the Tartars, and
judged upon with Kufr, those who put in the place of the Islaamic
Sharee'ah, are the fabricated laws, which have – in our time – been
established as sources of laws in many countries and the Islaamic
Sharee'ah has been disregarded in favor of them except in what they
call 'personal matters'."
– "Al-Irshaad ila'Saheeh Al-' Atiqaad ", Vol.
Shaikh 'Umar al-Ashqar said:
And from this explanation it becomes clear to us
that there are two types of people who have fallen into Kufr about
which there is no doubt. The first, the ones who legislate that
which Allaah did not reveal, and those are the ones who fabricate
the laws that oppose the legislation of Allaah they implicate it
upon the people and the Ijmaa' is upon their Kufr without doubt."
– "Al-Sharee'ah Al-Eelaheeyah", Pg. 179
'Alaamah Muhammad Ibn Ibraaheem Aal-Ash-Shaykh said:
"… The fifth, and it is the greatest and the
most encompassing and the clearest opposition of the Sharee'ah and
stubbornness in the face of its laws and insulting to Allaah and His
Messenger and opposing the courts of the Sharee'ah on their roots
and branches and their types and their appearances and judgements
and implementations the references and their applications. So just
like the courts of the Sharee'ah there are references, all of them
returning back to the Book of Allaah and the Sunnah of His Messenger
like that, these courts have references, which are laws that are
assembled from many legislations and laws like the laws of France
and America and England and other laws and from the Metha'haab
of some of the innovators who claim to be under the Sharee'ah.
And these courts are now fully operational in
the settlements of Islaam, people entering them one after another,
their rulers judge upon them with what opposes the Sunnah and the
Book with the rules of that law and they impose that on them and
approve it for them. So what Kufr is there beyond this Kufr and what
nullification of the Shahaadah of Muhammadar
Rasool-Allaah is there beyond this nullification?!
– "Tah'keem Al-Qawaneen"
Shaikh 'Abdur-Razzaaq al-'Afeefee said:
"Thirdly: The one who is attributed to Islaam
and knows its laws and then fabricates for the people, laws and
makes them an institution for them to conduct themselves by and to
take their judgements to and he knows that it opposes the laws of
Islaam. Then he is a Kaafir out of the Milla of Islaam. And
like that is the Hukm concerning the one who orders a committee or
committees to be formed for that and the one orders the people to
take their judgements to these institutions or laws or makes them
take the judgements to them, while he knows that they oppose the
Sharee'ah of Islaam. And like that is the one who judges with it and
implicates it upon the matters and the one who obeys them in these
judgements out of his own choice, while he knows that it opposes
Islaam. So all of these are partners in their turning away from the
Hukm of Allaah."
– "Shubu'haat Howl As-Sunnah Wa-Risalaat Al-Hukm bi'Ghayr
ma'Anzaal-Allaah", Pg. 64
Imaam Ahmad Shaakir said:
"The matter in these fabricated laws is clear
with the clearness of the sun. It is clear Kufr and there is nothing
hidden about it and there is no excuse for anyone who attributes
themselves to Islaam, whoever they may be, to act according to it or
to submit to it or to approve of it. So each person should beware
and every person is responsible for himself. So the 'Ulaama should
make the truth clear and tell what they have been ordered to tell
without concealing anything."
– "Umdaat At-Tafseer Mukhtaasir Tafseer Ibn
Katheer of Ahmad Shaakir", Vol. 4/ 173-174
Imaam Ibn Jareer At-Tabaree said:
"He ta'ala says, whoever conceals the Hukm of
Allaah, which He revealed in His Book and made it a law between the
slaves – so he hides it and rules with other than it like the Hukm
of the Jews concerning the married fornicators with whipping of the
guilty and blackening their faces and concealing the Hukm of stoning
and like their judging upon some of their murdered with full
blood-money and some with half of their blood-money. And concerning
the noble people, they would have Qisaas but the commoner
would only get the blood money. But Allaah made all of them equal in
the Tauraat: …such are the Kâfirűn. They are the ones who
concealed the truth, which was upon them to uncover and make clear.
And they hid it from the people and they showed something different
to the people and they judged according to that (changed Hukm)
because of a bribe they took from them." (* So the point of At-Tabaree
here is that he considers this Ayaah general for anyone who does
what the Jews did and hold this Ayaah meaning of Kufr Akbaar upon
anyone who does what they did.)
– "Tafseer Al-Tabaree" Vol. 4/ 592
Shaikh Muhammad al-Ghunaymaan was asked:
"The one who leaves the Hukm by what Allaah
revealed; if he makes the general judgements with the fabricated
laws, does he disbelieve? And is there a difference between that and
the one who judges with the Sharee'ah but then he opposes the
Sharee'ah in some of the matters due to desire or bribery or other
So he answered, "Yes, it is Waajib to
differentiate between them. There is a difference between the one
who throws away the Hukm of Allaah, jala-wa'ala and
replaces it with the judgements with the laws and the judgement of
mankind. This is Kufr, which takes one outside the Milla of Islaam.
But the one who is Multazim (i. e. religiously committed)
upon the Deen of Islaam except that he is disobedient and a
Thaalim by following his desires in some of the Ah'kaam
and goes after a benefit from the Dunyah, while accepting that he is
Thaalim with this, then this is not Kufr, which takes you
out of the Milla. And whoever sees the Hukm with the laws to be
equal to the Hukm of the Shara' and makes it Halaal, then he also
disbelieves with the Kufr that takes one outside the Milla, even if
it is in one instance."
– "Mujaalit Al-Mishkaat", Vol. 4/ 247
Shaikh Ibn Qaasim said:
Like the ones who rule with the laws of
Jahiliyyah and the international laws, rather, even one who
rules by other than what Allaah revealed, whether he rules with the
laws or with something which has been invented that is not from the
Shara' or affirmed in the Hukm, then he is a Taghuut from
the greatest Tawagheet."
– From his commentary on "Usool ath-Thalaathah",
Shaikh Hammad Ibn 'Ateeq an-Najdee said:
"And the Fourteenth Matter is Taking the
Hukm to Other than the Book of Allaah and His Messenger. " And
then he mentions the Fatwaa of Ibn Katheer under the Ayaah: "Is it
the Hukm of Jahileeyah which they seek?", which we have
narrated earlier. Then he said, "And like this is what the general
people of the Bedouins and those like them fell into with regards to
taking the Hukm to the customs of their forefathers and that which
their ancestors established from the accused customs, which they
label 'The Sharee'ah of Reefawah' they put it before the
Book of Allaah and the Sunnah of His Messenger. So whoever does
that; then he is a Kaafir and it is Waajib to
fight him until he returns to the Hukm of Allaah and His Messenger."
– "Majmoo'at At-Tawheed ", Pg. 412
Shaikh 'Abdullaah Ibn Humayd said:
And whoever makes a general legislation (Tashree'
Al-' Aam) and implicates it upon the people which opposes the Hukm
of Allaah, then this one leaves the Milla as a Kaafir."
– "A'hameeyaat Al-Jihaad" by 'Alee bin Nafee'
Al-' Ilyaanee Pg. 196
Shaikh Muhammad Hamad al-Faqeeh said:
And like or (even) worse than this are the ones
who take the words of the Kuffaar as laws, which they judge
with in matters concerning blood and wealth and they put that before
that which they know and that is has been made clear to them from
the Book of Allaah and the Sunnah of His Messenger. So he, without a
doubt, is a Mortad if he continues upon that and does not
return to the Hukm of what Allaah revealed and he will not be
benefited by any name which he labels himself with and neither by
any outward action that he does from Salaat or Siyaam
or anything else!"
– From the Hamish (i. e. margins) of "Fat'h Al-Majeed",
'Abdul-Lateef Ibn 'Abdur-Rahmaan (Muhammad Ibn 'Abdul-Wahhab's
When asked concerning what the Bedouins judge
with according to the customs of their fathers and grandfathers. "Do
we label them with Kufr after it is made clear to them (that this is
not permissible and when they continue)?"
So he answered, "Whoever takes the judgement to
other than the Book of Allaah and the Sunnah of His Messenger after
it is made clear to him (that this is not permissible), then he is a
Kaafir. He, ta'ala said:
does not judge by what Allâh has revealed, such are the Kâfirűn. '
(And He ta'ala also said:)
'Is it other
than the Deen of Allaah that they seek? '(And He
ta'ala also said:)
'Have you seen those (hyprocrites) who claim
that they believe in that which has been sent down to you, and that
which was sent down before you, and they wish to go for judgement
(in their disputes) to the Tâghűt (false judges, etc.)
while they have been ordered to reject them. ' 'And
the Ayaat with this meaning are many."
– "Dur'ur As-Saneeyah fi'Al-Ajweebah An-Najdeeyah",
Vol. 8/ 231 Published by "Dar Al-Iftaa' bil'Saudeeyah" 1385 H
Shaikh Muhammad Shaakir Ash-Shareef said:
In his "Chapter concerning making clear when the
one who rules by other than what Allaah revealed is a Kaafir; with
the Kufr that does not take one outside the Milla."
Then he said, "He does not disbelieve with
a) That he is Multazim (i. e. religiously committed) and
accepts upon the outside and the inside every Hukm or Tashree'
(legislation) which has come from Allaah subhaanahuu wa-ta'ala
or His Messenger -sallallaahu 'alayhi wa sallam.
b) That he accepts and confesses that he has left the Hukm with what
Allaah subhaanahuu wa-ta'ala has revealed in that matter or
that specific instance that he judges in that he is sinful and that
his Hukm is a mistake and that the Hukm of Allaah is the correct.
c) That the opposing Hukm is a Hukm in specific instances and not in
full general matters and this third condition is the one, which many
of the contemporary people have not understood and paid attention
– "In'Allaah Huu'al-Haakim", Pg. 88-91
published by "Daar Al-Waton", 1413 H.
Shaikh Saalih Ibraaheem al-Layhee:
Who said, concerning the meaning of the "Daleel",
"So the ruling with the fabricated laws, which oppose the Islaamic
Sharee'ah is atheistic and Kufr and Fasad and
Thulm among the slaves because the security is not ensured and
the Shara'ee rights are not preserved except by acting upon the
Islaamic Sharee'ah in its entirety in the 'Aqeedah and
worship and ruling and etiquettes and the conduct and institutions,
because the 'Ruling by Other Than What Allaah Revealed' is ruling
with a created action upon a creation like it. And it is ruling with
the laws of the Taghoot and there is no difference between
the individual conditions and the general and specific; and whoever
differentiates between them in the Hukm, then he is an atheist/
Zandeeq (i. e. Hypocrite in denial)/ Kaafir in Allaah Al-'
– "As-Salsabeel ", Vol. 2/ 384, which is his
commentary upon "Zaad Al-Mutaqnah ".
Extra Note: Imam Ahmad, At-Tirmidhi and Ibn Jareer collected from
the way of Aday ibn Haatim (ra) that when he heard the call of the Messenger
of Allah, he rushed to ash-Shaam and had become a Christian. In an incident
his tribe was taken as prisoners including his sister but the Messenger of
Allah released her. She returned to her brother and made him interested in
Islam and coming to see the Messenger of Allah.
Then Aday came to Medinah, he was leader of his tribe
(Tee) and his father was Haatim at-Taa’ee, so the people of Medinah talked
about his coming, when he entered upon the Messenger of Allah, Aday was
wearing a silver cross. The Messenger of Allah was reading
“They (Jews and Christians) took their rabbis and
their monks to be their lords besides Allah and Jesus the son of Maryam”
so Aday said “They never used to worship them” so he (saw) said
“Surely they did, did they not make Haraam what was Halaal,
and made Halaal what was made Haraam, so they followed
them, and that is worshipping them.
The Ayah of the Qur’an with its
understanding from the hadith of Prophet Muhammad (saw) clearly
indicates that if you follow anything (rule, legislation, resolution) that
is worship (Ibadah) because you follow none but Allah’s commands.
If this following i.e. worship is in contradiction or oppoisation to the
Shariah then you are committing Shirk al-Akbar which
expels you from the fold of Islam.