By Abdul Qadir Baksh
Preventing Violent Radicalisation 2008
The true meaning of the verse “..And whoever does not
judge by what Allah has revealed, such are the disbelievers.”
[Al-Maa`idah:44]
Many
Muslims these days go to one of the two extremes when interpreting the mother
of all verses, concerning ruling by other than what Allah has revealed, in the
verse of Surah al Maaídah, verse number forty four. Some follow one extreme
claiming, that regardless whether a leader rules by Allah’s law or not, he remains
a Muslim, and this does not affect his belief in the slightest. Whilst others
are more inclined towards an extreme, whereby they claim whatever act of
disobedience the Muslim ruler does, he becomes a disbeliever, excommunicated
from the religion and permitted to being rebelled against. Extremism is blameworthy
in all its forms. Linguistically, ‘extremism’ is taken from the word Ghulu in Arabic,
which means to go beyond the limit and measure. Ibn Faaris stated: “the letters
Ghain, Laam, and the weak letter wow, form a sound root that indicates ‘rising
above and going beyond the appropriate measure.’ [Mujam Maqaayes al Lughah,
section ghulu] Technically, according to the Qur’an and Sunnah, it means to go beyond
the prescribed limits, in excess of the boundaries laid down by Allah. Allah
makes this clear from His warning:
“Oh
people of the book! Commit no excess in your religion nor say anything of Allah
but the truth…”
[An-Nisaa’ (4):171]
Islam
has a balanced approach in all its commandments. It is a manifest
characteristic within this religion. Allah, the Most High says:
“Thus
we have made you a nation justly balanced, that you maybe a witness over the
people and the messenger a witness over yourselves.”
[Al-Baqarah (2):143]
Also
He (subhanahu wa ta’ala) said:
“Guide
us to the straight path, the path of those whom you have favored and not of
those whom deserve you anger or those who have gone astray.”
[Al-Fatihah (1): 6-7]
Here
Allah makes clear that Islam is a middle way, a balanced path between the two
extremes of the Jews and the Christians. The Jews tried to kill their Prophet
Eesa (alayhis-salaam) and the Christians raised him to the level of God and
worshipped him. Allah (subhanahu wa ta’ala) said:
“You
are the best nation raised for mankind..”
[Aali-‘Imraan (3):110]
Because
we are balanced, moderate, we are just, we take the middle path. At- Tabaree
(rahimahullaah) said:
“My
opinion is that Allah described them as being was at (middle, balanced), due to
their moderation and being balanced in religion. They are not from those who go
to the extreme of the Christians, who practice monasticism and in what was said
about the person of Jesus. Nor are they from those who are lax in the practice
of their religion, such as the Jews, who altered the book of Allah, killed
their prophets and lied in speaking about their Lord. Instead they (the nation
of Muhammad) are the people of balance and moderation in the religion. Allah described
them in that manner because the most beloved of matters to Allah are those that
are balanced and just.”
[At-Tabaree Jaami al Bayaan vol 2, p6]
Ease and Mercy In Islam
The
religion of Islam is built upon ease and mercy – ease and mercy are both
foundations this religion is constructed upon. One of the reasons Allah sent
his messenger Mohammad (sallallahu alayhi wa sallam) was to relieve the people
from the chains, which had captured the previous nations. Allah states:
“Those
who follow the Messenger, the unlettered Prophet, who they found mentioned in
their tawraat (Torah) and Injeel (Gospel) … he releases them from their heavy
burdens and from the fetters (bindings) that are upon them…”
[Al-Araaf
(7):157]
And
Allah (subhanahu wa ta’ala) states:
“..and
has not laid upon you in religion any hardship…”
[Al-Hajj
(22):78]
Allah
(subhanahu wa ta’ala) also states:
“Allah
wishes for you ease and does not wish for you hardship.”
[Al- Baqarah (2):185]
Allah
(subhanahu wa ta’ala) also mentions:
“Allah
does not want to place you in difficulty, but He wants to purify you..”
[Al-Maa’idah
(5):6]
Therefore,
the religion is made easy and Allah wishes for us ease and no hardship. Abu
Bakar al Jasaas said:
“since
hardship is also a restriction and tightness and He has denied about Himself that
He desires hardship for us. It is then permissible to use the apparent meaning
of this verse as evidence to deny hardship and to establish the flexibility in
every matter concerning which people differ, related to the laws that come from
the texts. Consequently, if anyone argues in favor of aspects that are hardship
and difficulties, the clear meaning of this verse will defeat them.”
[Ahkaam al Qur’an vol 2 p39]
Abu
Hurairah reported that the Messenger of Allah (sallallahu alayhi wa salaam)
said:
“Verily
the religion is easy. No one overburdens himself in the religion except that it
overcomes him (and he will not be able to continue).”
[Al-Bukhaaree and An-Nisaa’ee]
Different Forms of Extremism
Extremism
comes in a number of different forms. From them, we find extremism related to
beliefs and actions. We are discussing here extremism as it relates to
contemporary Muslims, their deviation and call to deviation, which leads to
going beyond the boundaries set by Allah, in the issue of takfeer.1 Such
deviations then have an immediate or long term consequence on themselves and
fellow Muslims and the ummah as a whole. Extremism in the issue of takfeer, is
a major contemporary problem amongst Muslims and has immediate and long term effects
on them. It not only affects just those who go to extremes in this field, but
the general people and even non-Muslims. As we saw from the rebellion against
president Sadat of Egypt, the rebellion against the leader of Syria in the
early 70’s and the uprising in Algeria, right up to the recent bombings in
London and the twin towers, to mention a few. All of them led to the spilling
of Muslim and non Muslim blood and massacres, without achieving their goals.
Let us take a glimpse at some of the textual proofs which the takfiri
extremists misuse and misquote in their theological debate to justify their
false claims.
VERSES FROM THE QUR’AAN:
So
the mother of all these verses concerning “Takfeer” is the verses of Surah
Al-Maa’idah, where Allah (subhanahu wa ta’ala) informs us:
“..And
whoever does not judge by what Allah has revealed such are the disbelievers
(kafiroon).”
[Al-Maa`idah
(5):44]
“..And
whoever does not judge by what Allah has revealed such are the oppressors
(dhalimoon).”
[Al-Maa`idah (5):45]
“..And
whosoever does not judge by what Allah has revealed such are the disobedient
(faasiqoon).”
[Al-Maa`idah (5):47]
“Do
they seek the judgement of the days of ignorance and who is better in judgement
than Allah for a people who have faith?”
[Al-
Maa’idah (5):50]
Other
proofs they use secondarily are like the following, when Allah (subhanahu wa
ta’ala) said instructing His Prophet:
“And
so judge between them by what Allah has revealed and follow not their vain
desires...”
[Al-Maa`idah (5):48]
And
Allah (subhanahu wa ta’ala) said also to His Messenger:
“Surely
we have sent down to you the book in truth that you may judge between men with
that which Allah has shown you...”
[An-Nisaa’
(4):105]
Also
Allah (subhanahu wa ta’ala) has ordained that:
“Indeed
the ruling is for none, except Allah..”
He,
the Most High repeats this statement in similar words, in different places:
“..The
judgement is for none but Allah…”
[Yusuf (12):40& 67]
Also
His (subhanahu wa ta’ala) saying;
“It
is not befitting for a believing man or women that if Allah and His messenger
have judged in a matter that they have a choice in it...”
[Al-Ahzaab
(33):36]
“
But no, by your Lord, they can have no Faith, until they make you (O Muhammad)
judge in all disputes between them, and find in themselves no resistance against
your decisions, and accept (them) with full submission.
[An-Nisaa’ (4):65]
“..
and with them He sent the Scripture in truth to judge between people in matters
wherein they differed...”
[Al-Baqarah
(2):213]
PROPHETIC AHADEETH
His
saying (sallallahu alayhi wa sallam):
“If
a man says to his brother, O kaafir then one of them is a kaafir.” [Agreed
Upon] And his saying (sallallahu alayhi wa sallam):
“You
did indeed judge amongst them with the judgement of Allah the greatest the
sublime.” [Agreed Upon]
From
Adiy ibn Haatim (a former Christian) who said: I came to the Prophet
(sallallahu alayhi wa sallam) with a gold cross around my neck and he
(sallallahu alayhi wa sallam) said:
“O Adiy, throw this idol away from
yourself.” And I heard him reading from Surah Al-Baraa’a (At-Tauba): “They
took their scholars and their monks as lords other than Allah…”
He
(sallallahu alayhi wa sallam) said:
“They
did not actually worship them. Rather, it was their practice, that if they declared
something lawful they took it as lawful and if they declared something unlawful
they forbid it.”
[Hasan – At-Tirmidhee]
Also
his (sallallahu alayhi wa sallam) saying:
“If
a man was called a kaafir or enemy of Allah, and he was not any of them then it
is not except that the curse is returned upon the one who said it.” [Agreed
upon] And his (sallallahu alayhi wa sallam) saying:
“There
is no obedience to the creation if it means disobedience to the creator.”
[Saheeh – Musnad Ahmad] Also
his (sallallahu alayhi wa sallam) saying:
“The
difference between us and between them is salaat, so whoever abandons has
disbelieved (kafara).”
[Ahmad] Also his
(sallallahu alayhi wa sallam) saying:
“Whoever
swears by other than Allah has indeed disbelieved
or
associated partners.”
[Saheeh At-Tirmidhi] The
question that remains to be answered after reading all these verses and
ahadeeth is, ‘does this mean that any Muslim (and especially so if he is a
ruler) that does not judge by what Allah reveals, is an unbeliever, kaafir,
outside the fold of Islam? And how do we understand all these Qur’aanic verses
and Prophetic ahadeeth? The answer is not a simple yes or no, rather there is
detail to the answer, in certain circumstances the leader would be excommunicated.
However, in other circumstances, he would remain a Muslim, but be embarking
upon major sin. Let us start our understanding by first looking into the
explanation of the verse.
“..And
whoever does not judge by what Allah has revealed such are the disbelievers
(kafiroon).”
[Al-Maa`idah
(5):44]
So,
that in which there is no difference between the former and the latter scholars
regarding one who does not judge by what Allah has revealed out of denial or
making it permissible, is that such an individual a kaafir (disbeliever), out
of the fold of Islam.
The principle in the verse:
“And
whoever does not judge by what Allah has revealed, such are the disbelievers.”
[Al-Maa`idah (5):44]
The
scholars of tafasser did not differ in their explanation, except in their usage
of words. Consequently, the one who has little knowledge may misunderstand the
meaning. Whilst, some explanations are by use of synonymous terms, others are
straight forward, but in actual fact, they are all the same, and this is the belief
of the Ahl Sunnah wal Jamaat. If we gather all the statements of the
Mufassireen from Ahl Sunnah, their tafaseer of this verse do not exceed five
sayings. They are:
First Saying:
He
who denies what Allah has revealed has disbelieved and he who accepts it but
does not judge by it then he is a dhaalim,faasiq. This is narrated by Alee Ibn
Abee Talhah, from Ibn Abbaas (radiyallaahu anhu) and similar to this is
narrated by Ikrimah.
Second Saying:
The
intended meaning of this verse is kufr doona kufr (disbelief less than
disbelief) which does not take one out of the fold of Islam. From those who
said this are Ibnu Abbass (radiyallaahu anhu), Taawoos and his son
(rahimahumallaah), and Ataa Bin Abee Rabaaha (rahimahullaah), and Ali Bin
Al-Hussain Zainul-Aabideen (rahimahullaah). After establishment and
explanation, both sayings portray one meaning.
Third Saying:
Allah
meant by this verse the Jews who changed the book of Allah and its rules. There
are more than nine evidences for this saying. From those who said this are:
Al-Baraa, Hudhayfah, Ikrimah, Dahhaak, Qataadah, Abu Saalih, Abu Mijliz,
Ubaydullaah Bin Abdullaah Bin Utbaa Bin Mas’ood and most of the Mufassireen as
stated by Al-Qurtubi. Also to aid this statement is the reason for the
revelation of this verse, as it occurs in Saheeh Muslim. From the hadeeth of Al-Baraa
Bin Aazib (radiyallaahu anhu) who said: “Two Jews who were tied and their faces
blackened with ashes passed by the Prophet (sallallaahu alayhi wa sallam). So
he called them and said: ‘Is this how you find the punishment for zina in your
book?’ They replied: ‘Yes’. So he called a man from amongst their scholars and
said: ‘Do you swear by Allah, the One who revealed the Tawrah to Moosaa, that
this is how you find the punishment for adultery in your book?’ He said: ‘No,
and if you hadn’t asked me to swear to it then I would not have informed you.
The real punishment is stoning, but it is prevalent amongst our noble ones, so
if we found our noble ones fornicating we left him and if we found the peasant
fornicating
we established the punishment on him. So we said: ‘let us compromise.’ So we
went to gather the noble people and the average people, and we brought the
people who were tied and their faces were blackened to the place of stoning.’
Allah’s messenger (sallallaahu alayhi wa sallam) said: ‘Oh Allah, I am the
first to revive your law after it has passed away.’ So he ordered that they be
stoned. Then Allah revealed:
“O
Messenger (Muhammad (sallallahu alayhi wa sallam))! Let not those who hurry to
fall into disbelief grieve you, of such who say: ‘We believe with their mouths
but their hearts have no faith.e Jews are men who listen much and eagerly to
lies - listen to others who have not come to you. They change the words from
their places; they say, ‘If you are given this, take it, but if you are not
given this, then beware!’...”
[Al-Maa’idah (5):41]
Then
Allah revealed:
“..And
whoever does not judge by what Allah has revealed such are the disbelievers
(kafiroon).”
[Al-Maa`idah
(5):44]
“..And
whoever does not judge by what Allah has revealed such are the oppressors
(dhaalimoon).”
[Al-Maa`idah (5):45]
“..And
whosoever does not judge by what Allah has revealed such are the disobedient
(faasiqoon).”
[Al-Maa`idah (5):47]
All
three verses for them, the kuffar. [Saheeh Muslim]
As
further evidence, Abu Ya’laa Al-Faraa said: “And He (subhaanahu
wa
ta’aala) also made that clear when He mentioned the Jews and said:
“If
they come to you then judge between them or..”
[Al-Maa’idah (5):42]
But
He did not stop there, rather He (subhaanahu wa ta’aala) said:
“And
we ordained for them a life for a life….”
[Al-Maa’idah
(5):45]
When
the story, from the beginning to the end is about the Jews, then the ayaat are
about them.”Here, the principle is that, evidence is taken from the generalisation
of the words, not from the specific reason for revelation. The kufr in these
verses, refer to everyone that do what the Jews did in their denial of some of
the rulings of the shari’ah that are well established. This was intended by
those who made it specific to the Jews, who changed the book of Allah. This was
also confirmed by Al-Jassas when he said:“The reference is to rejecting Allah’s
judgement, or judging with other than that, while being informed of what
Allah’s judgement is.” The one who does this falls into the kufr that removes
one from the religion; its doer is an apostate, even if he was a Muslim before
then. In this way it has been explained by those who said:‘It was revealed for
the children of Israel and it applies to us.’This means that whoever rejects
Allah’s judgements, or judges by other than Allah’s judgements, claims: ‘This
is Allah’s judgement, then this person is a disbeliever, just as the children
of Israel disbelieved when they did this.”
And
Al-Khaazin said:
“..And
whoever does not judge by what Allah has revealed such are the disbelievers
(kafiroon).”
[Al-Maa`idah (5):44]
From
this I understand that when the Jews rejected the judgement of Allah
(subhaanahu wa ta’aala), which they had texts for in the Tawrah, they said:
“That it was not an obligation, so they were complete disbelievers in Moosaa
(alayhis-salaam) the Tawrah, and Muhammad (sallallaahu alayhi wa sallam) and the
Qur’aan.” Finally the Shaykh of the
Mufassireen, Ibn Jareer At-Tabaree (rahimahullaah) said: In my opinion, the
most correct of these sayings, is that which says these ayaat were revealed
about the disbelievers, from the people of the Book. Since the ayaat before and
after them were revealed, their meanings are understood, and these (earlier and latter)
ayaat give information about them, therefore, they are most weighty. If one was
to say that Allah mentioned it in a mode that is general for all who do not
judge by what Allah revealed, how can one make it specific? Allah was general
in His address about people who reject the ruling that Allah decreed in His
Book. He informed about them, that in their avoiding to judge, they were
disbelievers. Ibn Abbaas said ‘in their rejection to Allah’s judgement after
having knowledge that it was revealed in His Book, they have rejected the
prophethood of His Prophet after they knew that he was a prophet.” Al- Hasan
said this in his statement: “It was revealed upon the Jews and it applies to
us.” And the saying of Ibraheem An-Nakha’ee:
“It
was revealed upon the children of Israel and it applies this Ummah.”
The
opinion of the Shaykh of the Mufassireen Ibn Jareer, Al-Qaadi Bin Ishaaq, Aboo
Su’ood, and Al-Jassaas and many others all agreed perfectly with Hudhayfah
(radiyallaahu anhu). This was reported from him by Hamaam who said: “We were
with Hudhayfah (radiyallaahu anhu), we mentioned:
“..And
whoever does not judge by what Allah has revealed such are the disbelievers
(kafiroon).”
[Al-Maa`idah
(5):44].
A
man from amongst the people said, “Indeed this was revealed upon the children
of Israel! Then Hudhayfah (radiyallaahu anhu) said:
`Yes,
your brothers among the children of Israel. You think that it gives a free
licence in your case, and punishment in theirs! Rather, by the one in whose
Hand is my soul, as long as the practise is the same as the practice, then the
threat is the same as the threat.”
This
is the opinion of Abu Mijliz and many others. Aboo Mijliz was a major
ta`bi`een, a great scholar:
“A
group from the Ibaadiyyah came to sit with him, they said:
‘Allah
(subhaanahu wa ta’aala) says: “..And whoever does not judge by what Allah has
revealed such are the disbelievers (kafiroon).”
[Al-Maa`idah (5):44]
“..such
are the oppressors (dhaalimoon).”
[Al-Maa`idah (5):45]
.“..such
are the disobedient (faasiqoon).”
[Al-Maa`idah (5):47]
Aboo
Mijliz said: ‘They (the rulers) are aware of what they do and they know that it
is sinful. In a similar narration they said ‘if they left any matter of it,
then they know that they have sinned’. This verse was revealed upon the Jews
and the Christians.` They said: `By Allah you truly know what we know, but you
fear them. He said: `You have more cause to be afraid then us, as for us, we do
not know what you know!` They said: `you do know but that which prevents you
from performing your duty is your fear of them. In this Aboo Miljiz is saying,
the leaders are aware that, in judging by other than that which Allah revealed
is a major sin and deserving of a dreadful punishment. Nevertheless, their desires
and lust let them continue along the wrong path. However they have not been
mentioned, as the verse was revealed
to those who judge by other than what Allah revealed out of denial, for
instance the Jews, Christians and others who did so. It is them who leave the
fold of Islam and not the leaders. The Ibaadiyyah, a sect from the Hurooree
Khawarijj, did not agree with this. Rather, they transgressed the boundaries of
manners and continue to believe without any explanation that: `and whoever does
not judge by what Allah has revealed then he is a disbeliever’. This continues
to be the opinion of many people today. Oh Allah I flee to you from ever going
astray and speaking without knowledge.
Fourth Saying:
“And
whoever does not judge by what Allah has revealed, such are the disbelievers.”
[Al-Maa`idah (5):44]
Allah
delivers this verse to all of mankind, the Muslims and the disbelievers.
Ibn
Mas’ood, Al-Hasan, and Ibraheem An-Nakha’ee and As-Suddi also said this. The
word: (man) whoever..’ (in the above verse) cannot be restricted to a particular
people like leaders, politicians, Jews or Christians; it shows clearly that it
applies to all people. Aj-Jassas said about this verse:
“Ibn
Mas’ood and Al-Hasan said regarding this verse: “And it is general”, meaning
that, for he who does not judge by what Allah reveals, and judges by other than
it out of choice, knowing has disbelieved.”
And
Aboo Hayaan said that:
“And
As-Su’oodee said: “Whoever opposes the law of Allah and abandoned it
deliberately and went beyond it with knowledge, he is truly from the
disbelievers.” He also said: ‘And that it is general for the Jews and all
others’ is the opinion of Ibn Mas’ood, and Ibraheem, and Aathaai and
many
others. But it is Kufr-doona-Kufr (a disbelief less than disbelief which takes
you out the fold of Islam) and Dhulm-doona-Dhulm (an oppression less than the
oppression which takes one out the fold of Islam) and Fisq-doona-Fisq (a sin which
does not take you out the fold of Islam).
This
means the kufr (disbelief) of a Muslim is not like that of a kaafir (disbeliever).
Similarly his dhulm and fisq does not take him out the fold of Islam.”
And
Ibn Aatheea said:
“And
a great number of people of knowledge said: The verse includes everyone, that
does not judge by what Allah reveals, but for the leaders of this Ummah it is
Kufr-al-Maasia (major sin), although it does not take them out of Imaan.” It is
imperative to know here that it was the Mufassiroon that
placed
the above restriction of the verse, regarding the leaders. Whilst at the same
time they were the ones who made the verse general to everyone. This means that
for the leader it can only be kufr al Ashgar (minor kufr), and for everyone
else it could be both kufr al Ashgar and at times be kufr al akbar.
Fifth Saying:
Allah
explained in the first verse of Soorah Al-Maa’idah (verse 44): it refers to the
Muslims, “…such are the disbelievers (kafiroon).” He said about the Jews in the
second verse (verse 45) “….such are the oppressors “(dhalimoon).” And the Christians
in the following two verses (verse 46-47): “…such are the sinners “(fasiqoon).”
This
is the saying of Ash-Shaa`bi. This is also the opinion of Ibn Araabi al
Maaliki. Abu Hayaan said: “And it is as if He specified every general statement
by the verse which came after it. Regarding the first statement: “… such are
the disbelievers (kafiroon)” He said “so if they come to you then judge between
them or…” “..And if you judge then judge..”… (to His final saying)….”…and
whosoever does not judge by what Allah reveals such are the disbelievers
(kafiroon)” Regarding the second statement “……such are the oppressors (dhalimoon)”
He said “ …and we ordained therein for them a life for a life..” (to his final
saying) ”..and whosoever does not judge by what Allah reveals such are the
oppressors (dhalimoon).”
And
regarding the third statement “..such are the sinners (fasiqoon).” He said:
“..and in their footsteps we sent Jesus son of Mary confirming the Tawrah that
had come before him..” (to His saying) “..and whosoever does not judge by what
Allah reveals such are the sinners (fasiqoon).”
Al-Aloosi
said:“Ibn Hameed and others narrate from As-Sha`bi that he said: “the three
verses that are in Al-Maa’idah: The first one is for this Ummah. The second is
for the Jews. The third is for the Christians.” This dictates that the
believers are in a more evil condition, worse than the Jews and the Christians.
Except that if it was said: “that kufr if it is directed to the believers then
it is carried as harshness (kufr dona kufr), and a disbeliever if he is
described with fisq (sin) and dhulm (oppression) then it shows his arrogance
and his disobedience in it.
THE CONCLUSION OF THE FIVE SAYINGS AND CONCENSUS UPON ITS
MEANING:
There
appears to be no real difference in the reality of there meaning or
explanations. Rather they all come out from one niche, despite a difference in
wording. As for the apparent evident meaning of the verse, no one from
the
well known people of knowledge explained it to mean what it apparently says.
Rather no one at all had ever done so.
The evidence of
the Consensus:
It
has been narrated that: A man from the khawaarij entered upon Al-Mamoon. Mamoon
said to him: “What caused you to differ with us?” He said: “A verse in the book
of Allah.” Then Mamoon asked: “Which one?” The man replied: “Whoever does not
judge by what Allah reveals then such are the disbelievers.” So Mamoon said to
him: “Do you have evidence that it was revealed?” He replied: “Yes.” So he
said: “Then what is your evidence?” He replied: “Consensus of the Ummah.” So he
said: “then as you accepted their consensus that it was revealed, then accept
their consensus in the explanation.” He replied: “You spoke the truth.
Assalaamu alaikum O Ameerul-Mumineen.”
Summary Of The Five Sayings Of All The Mufassireen
1.
He who denies what Allah has
revealed has disbelieved and he who accepts it but does not judge by it, is a
dhaalim, faasiq.
2.
The intended meaning of this
verse is kufr doona kufr, disbelief less than disbelief, which does not take
you out the fold of Islam.
3.
Allah applied this verse to the
Jews who changed the book of Allah and its rules.
4.
Allah meant by this verse- all of
mankind, the Muslims and the disbelievers.
5.
Allah meant by the first verse of
Soorah Al-Maa’idah (verse 44) the Muslims, where He said “…such are the
disbelievers (kafiroon).” But it is carried as harshness. The Jews in the
second verse (verse 45) where He said “….such are the oppressors (dhalimoon).”
And the Christians in the following two verses (verse 46-47) where He said
“…such are the sinners (fasiqoon).” If one was to study all the tafaseers of
this verse, then none of his findings will go out of the above five saying: “And
whoever does not judge by what Allah has revealed, such are the disbelievers.”
[Al-Maa`idah (5):44]
In
conclusion it can clearly be seen that a leader who does not judge by what
Allah has revealed does not leave the fold of Islam, unless he falls under
point 1 (first saying) only. As for point 4 (fourth saying), although it is
general, according to some mufassireen, it incorporates leaders as well. It is
restricted to a kufar-ma’siayah for the leaders, which does not take them out the
fold of Islam.
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