By Abdul Qadir Baksh
Preventing Violent Radicalisation 2008
SAYINGS OF THE SALAAF AND THE SCHOLARS OF THIS UMMAH
REGARDING JUDGEMENT BY OTHER THAN WHAT ALLAH REVEALED
In
this part of the series we will prove how all the renowned scholars of the past
and present took the opinion that a Muslim cannot be excommunicated from the
religion unless he makes halal that which Allah made haram or vice versa. We
clarified in the principles in part one of this series: that a Muslim is not
pronounced a disbeliever in Allah except if he denies or rejects something from
the religion known by necessity; or makes halal what Allah made haram, and
haram what Allah made halal; or if he belittles the shari‘ah; or believes he
has a choice in the matter of judging by other than what Allah has revealed. Also
that kufr (disbelief) is of two types: Kufr Akbar - which is major disbelief,
or kufr in belief - that takes one out of the fold of Islam; and kufr Asgar:
which is minor kufr, or kufr in action, that does not take one out of the fold
of Islam but renders him upon major sin.A Muslim is not pronounced a
disbeliever by his sayings, actions or belief until the proof is established
against him. The explanations of the verse in Surah Maáidah verse 44 are understood
within the boundaries of all the principles mentioned in part three of this
series and do not exceed the five sayings
discussed in part two. In this part three, for the noble reader, we will bring
sayings from thirty nine of the salaaf, and scholars after them, that affirm
the above statements regarding the issue of not judging by what Allah has
revealed. We could indeed have brought many more but the limits of this research
allowed only thirty nine. Let us start with the best of the salaf - the
companions - from them Ali ibn Abi Talha and Ibn Abbas:
1-2:
Ali Ibn Abi Talha narrates from Ibn Abaas in the tafseer of his (Allah) saying
“..And whoever does not judge by what Allah reveals then such are the
disbelievers “ .That which is the root in this issue he said is “ Whoever
denies what Allah reveals then he has disbelieved and whoever accepts it and
does not judge by it then he is a dhalim (oppressor), faasiq (sinner).
3-6:
Al-Qurtabi said: That Ibn Masood and Al-Hassan said “it is general for all that
do not judge by what Allah has revealed, meaning believing in that and making
it halal.” Also As-So’di and Ibraheem
An-Nakaee said similar.
7:
And Mujaahid said regarding these three verses: “Whoever leaves judging by
other than what Allah revealed rejecting the book of Allah then he is a kaafir,
(disbeliever) dhaalim (oppressor), faasiq (sinner).
8:
And Ikraama said: “And whoever does not judge by what Allah reveals by denial
of it has indeed disbelieved, and whoever accepts it and does not judge by it
then he is a dhaalim, faasiq.” And Al-Khaazinu said in connection: “this is the
saying of Ibn Abbaas also.”
9:
And what was mentioned above is also the opinion of Az-Zajjaaj.
10:
The Sheikhul Mufasireen At-Tabari said: “The foremost of these sayings with me
is the saying of those who said: These verses were revealed upon the kuffar
from the people of the book.7 That is because of the information in the verses
which come before it and after it, so upon them it was revealed. They are who
were meant, by these verses and these verses bring information about them. So
the fact that it brings information about them is to be taken foremost……..”
11:
And Al-Fakhro Ar-Raazi said: “Ikrama said: “his saying …Whoever does not judge
by what Allah reveals ……….. This is regarding the one who rejects with his
heart and denies with his tongue. “As for one who knows with his heart, it is
the law of Allah and he accepts upon his tongue that it is the law of Allah,but
he comes with something which is in opposite to that then such a person is a
judge by what Allah has revealed but he is
one
who has left it. (Taarik lahu) so he does not belong under these verses. And
this is the correct saying, and Allah knows best.”
12:
Az-Zamakshari said: “And whoever does not judge by what Allah reveals…..”
despising it …..”Such are the disbelievers, and oppressors, and sinners, a
description for them because of their transgression in their disbelief.”
13:
And Al-Qurtubi said: meaning, believing in that, making that halal. As for the
one who does that whilst he believes that he is boarding something haram then
he is from the Muslims that sin. His affair is with Allah if He wishes He will
punish him, or if He wishes He will forgive him.”
14:
And Aboo So`ood said: “meaning, whoever does not judge with that despising
rejecting…….”then such are the disbelievers “ because of their despise of it .”
15:
And Al-Nasafee said “and whoever does not judge by what Allah has revealed,
scornfully…, then such are the disbelievers.”
16:
Sheikh Aboo Mansoor said: “it is permitted to mean denial in all the three
verses so he would be a disbeliever, oppressor, and a sinner. This is because a
complete sinner and a complete oppressor are disbelievers.”
17-25:
Aboo Bakr Al-Jassas said: “and his (Allah) saying ….And whoever does not judge
by what Allah has revealed then such are the disbelievers. “- It is not free
from that its meaning is either: kufru-shirk (a disbelief that reaches the
level of shirk) and kufr ul johood (denial), or kufr-neama (a disbelief of
Allah`s blessings) without denial. So if its meaning is denial of Allah`s laws,
or judging by other than it claiming that it is the law of Allah then this is
kufr that takes one out the fold of Islam and its doer is an apostate if before
that he was a Muslim. Upon this is the explanation, of the one who said: That
it was revealed upon the children of Israel and applied upon us, meaning - the
one who denied the law of Allah or judged by other than the law of Allah then
said “this is the law of Allah “such a person is a disbeliever, just as the
children of Israel disbelieved when they done just that. 15 Whilst if the
meaning of it was kufru-neama (a disbelief of Allah s blessings) then the
disbelief of Allah’s blessings, may be because of not showing thanks to Allah
for it without a denial, then its doer is not out of the fold of Islam. That
which is apparent is the first meaning (disbelief of shirk and denial) because
of his usage of the word kufr upon the one who does
not
judge by what Allah reveals.”
26:
Al-Baydaawi said: “… and whoever does not judge by what Allah reveals… `
despising, in rejection of it `…then such are the disbelievers” because of
their despise for it and arrogance to judge by other than it. So that is why he
described them by his saying “disbelievers” and “Oppressors” and “sinners.”
Their disbelief was because of their rejection of it, and their oppression because
of their judging in opposition to it, and their sin because of their
transgression from it.”
27:
The explainer of At-Tahaawi said: “here is an issue which is an obligation to
be understood and that is judging by other than what Allah has revealed at
times may be disbelief (kufr) that takes one out of the fold of Islam or at
times it could be major sin or minor sin and it could be relative disbelief
(kufrul majaazee) or minor disbelief (kufr al-asghar) and that depends on the
condition of the leader: -If he believes that judging by Allah’s law is not
obligatory or that he can choose or not choose it, or he despises it with
awareness that it is the law of Allah then this is major disbelief. -but if he
believes that it is an obligation to judge by what Allah has revealed and he
understood it in this situation, then did not judge by it with knowledge that
he is deserving of punishment, then he is a sinner. This is called relative
disbelief or minor disbelief.
28:
Ibn Al- Jowzi said: “And the final conclusion:That whoever does not judge by
Allah’s law denying it whilst he knows that Allah revealed it just as the Jews
done then such a person is a disbeliever (kaafir). And whoever does not judge
by Allah’s law leaning toward desire without denial then he is an oppressor
(dhaalim), sinner (faasiq). Ali Ibn Abi Talha narrates from Ibn Abbas that he
said “whoever denies what Allah has revealed then he has disbelieved and the
one who accepts it but does not judge by it then he is an oppressor (dhaalim)
sinner (faasiq).”
29:
Sheikh ul Islaam Ibn Taymiyyah said: “There is no doubt that whoever does not
believe in the obligation of judging by what Allah has revealed upon his
messenger is a disbeliever. Whoever deems it permissible to judge between the
people by what he sees to be just without following what Allah has revealed, is
a disbeliever. For there is no ummah except that they have to judge with
justice. The justice in its religion may be what their respected people have
adjudged to be correct. Furthermore, many judge by their customs, (which Allah
did not reveal), such as the tribal leaders in the deserts and those who obey
them do so as it is desirable; however, without the Book and the sunnah this is
kufr (disbelief). For indeed many of the people embrace Islam but along with
this they do not judge except by their known customs and orders given to them
by their leaders. If these people knew that it was not permissible to judge
except by what Allah revealed and continued regardless i.e., they made it
permissible to judge in
opposition
to what Allah revealed, they are then rendered disbelievers, or at the very
least, they are ignorant.” And he also said: “Mankind, when he makes halal that
which the consensus deems haram; or makes haram that which the consensus deems
halaal; or changes the legislation upon which there is consensus upon – that
individual becomes a disbeliever by consensus of the jurists and as well as
according to the verse: “And whoever does not judge by what Allah reveals then
such are the disbelievers “meaning he makes halal the judging by other than
what Allah
reveals.”
30:
The learned Imam Ibnul Qayyim al Jowzi (rahimahullaah) said: “Judging by other
than what Allah reveals includes two types of kufr (disbelief): Minor and Major
dependent upon the condition of the judge (leader). So if he believes in the
obligation of judging by what Allah revealed in this incident then abandoned it
out of disobedience, he deserves to be punished. This is rendered kufr al
asghar (minor disbelief). However, if he believes that it is not obligatory or
he has a choice in the matter with his understanding, this is deemed kufr al
akbar (major disbelief). If he is ignorant of it or made a mistake, then he has
the ruling of
those
who make mistakes.”
31:
And Al-Haafidh Ibn Katheer (rahimahullaah) said: “…And those that do not judge
by what Allah has revealed then such are the disbelievers “because they denied
the law of Allah intentionally, in opposition and deliberately. He said right
here “…then such are the oppressors “because they did not treat without
discrimination the oppressed from the oppressor in the matter where Allah
ordered with justice and equality between all.
Therefore,
they differed and oppressed and transgressed. “
32:
The learned one of Shaam Ash-Sheikh Jammal ul Kaasimi (rahimahullaah) said:
“the disbelief of a leader that does not judge by what Allah has revealed out
of despise and denial is kufr in belief, this is the direction which many had
taken and were more impressed by, and this is what is from Ikrimah and Ibn
Abbaas.”
33:
And As- Saahib ul Manaar (rahimahullaah)
said: “and many of the Muslims have introduced legislations, and rulings like
those before them had introduced, in these instances they abandoned judging by
Allah law. As for those who abandon what Allah had revealed in his book from
the rulings without false interpretation - they believe their actions to be
correct.
Then
it is truly upon them, what Allah said in the three verses or in some of them.
They are all accounted for, based upon their condition: Whoever turns away from
the ruling of punishment for theft or false accusation of fornication because
of his dislike of it, and preference for legislation of Man, is a clear kaafir
(disbeliever). And whoever does not judge by it due to other faults then he is a
dhaalim (oppressor) if it involved the neglect of rights or abandonment of
justice and equality, otherwise he is merely a faasiq (sinner).
34:
And the Sheikh Aboo Hibbatu Allah Ismaael bin Ibraheem Al-Isaredee may Allah
have mercy upon him said: “And whoever does not believe in the obligation of
judging by what Allah has revealed upon his messenger, and made permissible to
judge between the people by that which he sees to be justice, without adhering
to what Allah has revealed then he is a disbeliever.…… so these people if they
knew that it was not permissible to judge except by that which Allah had
revealed and then did not adhere to that, rather they made it permissible to
rule in opposition to what Allah has revealed then they are disbelievers, otherwise
they are ignorant, astray, and they do not know.”
35:
His Excellence the Sheikh Ash-Shanqitee - may Allah have mercy upon him said:
“So know that the liberating stance in this study is that kufar, dhulm, and
fisq (disbelief, oppression, and sin) each one of them is expressed in the
shariah to sometimes give a meaning of sin, and sometimes give a meaning of
kufr that takes one outside the fold of Islam.
So
whoever does not judge by what Allah has revealed in opposition to the
messenger and invalidating the rules of Allah then his oppression, sin, and
disbelief all of them takes him out of the fold of Islam. And whoever does not
judge by what Allah has revealed believing that he has boarded that which is
harram (impermissible) and is ugly. His disbelief, oppression, and sin are not
of that which takes him out of the fold of Islam.”
36:
His excellence the Sheikh As-Sa’dee may Allah have mercy upon him said:
“Judging by other than what Allah has revealed is from the actions of the
people of disbelief. It maybe the disbelief that takes one out the fold of
Islam, and that is if he believes in its permissibility and its allowance. And
sometimes it maybe a major sin , and from the actions of disbelief that the doer
may deserves a fierce punishment`…….And whoever does not judge by what Allah
reveals then such are the disbelievers…` Ibn Abbaas said: kufr doona kufr (a
disbelief less than the disbelief that takes one out of the fold of Islam), and
dhulm doona dhulm (an oppression less than that which takes one out of the fold
of Islam), and fisq doona fisq (sin less than that which takes one out of the
fold of Islam). So it is a major oppression when it is made permissible, and a
great major sin when it is done without it being made permissible.”
37
: The Mujadid of the religion, the Imaam of the Ahla- Sunna wa al jamat Abdul
Aziz bin Abdallah bin Baaz may Allah increase his days with us and benefit us
by his knowledge, and give him the best of rewards in all his efforts for Islam
and the Muslims. He said: “whoever judges by other than what Allah has revealed
then he does not go out of four positions:
1)
One who says that I judge by this because it is better than the Islamic
Shari‘ah then he is a disbeliever kufar al Akbar .
2)
One who says that I judge by this because it is like the Islamic Shari’ah and
judging by this is permissible just as judging by the Shariah is permissible.
He is a disbeliever kufar al Akbar.
3)
One who says that I judge by this and the ruling of the Islamic Shari’ah is
better, but the judging by other than what Allah has revealed is allowed. He is
a disbeliever kufr al Akbar.
4)
One who says that I judge by this whilst he believes that judgment by other
than what Allah has revealed is not allowed and he says: that the judgment of
the Islamic Shariah is better, and it is not permissible to judge by other than
it, but he is easy in the matter, or he does this because of an order issued
from his government. He is a disbeliever with kufr al asghar minor disbelief
that does not take him out of the fold of Islam and it is considered to be from
the greatest of major sins.”
38:
This saying has also come from the Muhadith of our time, the faqeh, the Imaam,
the mujadid of Islam, the learned Sheikh Naasirud-deen Al-Albaanee, may Allah
protect him, make him a source of benefit, and may Allah reward him with the
best reward for his efforts with Islam and the Muslims.The opinion of the
Sheikh was clearly published in the newspapers: `As-Sharq ul Awsaat` and Al
Muslimoon. The Noble sheikh Ibn Baaz commented on the opinion of Sheikh Al-Albanee
and affirmed it in the above mentioned newspapers by his saying:
`I
have seen the beneficial reply which his eminence the Sheikh Naasirud-Deen Al
Albanee had produced which was publicized in the newspapers: `As Sharq ul
Awsaat` and Al Muslimoon. Which his eminence replied as an answer for the
Questioner regarding Takfeer of the one `who does not judge by what Allah has
revealed without explanation. I call it a valuable speech for indeed he spoke
the truth, followed and clarified the path of the
believers
may Allah grant him ability. He made clear that it is not permissible for
anyone to judge someone who judges by other than Allah law based just upon his
action without finding out did he make it halal by his heart, and he brought of
evidence for that, what was narrated by Ibn Abaas (radiyallaahu anhu) and other
than him from the salaf of this Ummah…’
39:
Then the speech of the two scholars was read to the Imaam, the Sheikh Ibn Uthaimeen
who approved of it and strengthened it. So all the above sayings are from the
scholars of old and present. We find no difference between the early scholars
and our contemporary scholars, in this dangerous issue of takfeer. So nothing
remains after the truth except falsehood.
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