Ruling by Other than the Law of Allaah.
by Shaykh Muhammad ibn Sâlih al-'Uthaymîn (d. 1421 AH / n/a CE)
Translated by Abu Rumaysah
The following is taken from the Shaykh's concluding remarks to the
hadeeth of `Adee bin Haatim that he heard the Messenger of Allaah (SAW)
reciting the verse, "They (the Jews and Christians) took their
rabbisand monks to be their lords besides Allaah." [at-Tawbah (9): 31]
Upon which I said, "indeed we did not worship them." [The Prophet
(SAW)] said, "did they not make unlawful that which Allaah made lawful
and so you too did the same? [Did they not] make lawful what Allaah
made unlawful and so you too did the same?" I replied, "verily." He
said, "this then was the worship of them." Reported by Ahmad and
at-Tirmidhee who declared it hasan.
[The following points] are derived from the hadeeth:
That obedience with the meaning of worship is a specific type of
uboodiyyah.
Obedience in that which contradicts the Law of Allaah constitutes
worship of the one obeyed. As for [obedience] in the worship of Allaah
then this is [truly] worship of Allaah.
That following the scholars and servants in that which contradicts the
Law of Allaah constitutes taking them as lords [besides Allaah].
Know that following the scholars or leaders in their making lawful what
Allaah has made unlawful or the opposite [causes that person] to fall
into one of three categories:
That he follows them while being pleased with their opinion and giving
it precedence and being displeased with the ruling of Allaah - such a
person is a kaafir because he has disliked what Allaah has revealed and
as a result Allaah made his actions to be of no avail. No one but a
kaafir has his actions rendered futile.
That he follows them while being pleased with the ruling of Allaah,
knowing that it is the most ideal and best suited for the servants and
the lands. However due to his following his desires he chooses this
[other ruling] for example due to his [being offered] a position of
responsibility. Such a person is not declared to be a kaafir, rather he
is a faasiq. That he does not know and neither is it possible for him
to learn, so he blindly follows them thinking [that what he follows] is
the truth. Such a person incurs no blame for he merely follows what he
has been commanded and he is excused for this. This is why there occurs
from the Messenger of Allaah (SAW) that he said, "indeed whosoever is
given a verdict not based upon knowledge then his sin is upon the one
who gave him the verdict." If we were to say that this person is sinful
due to the error of someone else then this necessarily leads to
oppression and difficulty, and no person would trust any other due to
the possibility of bearing responsibility for that persons error.
{The hadeeth is reported by Ahmad (2/321, 365), Abu Daawood (4/66), ibn
Maajah (1/20), ad-Daarimee (1/53) and al-Haakim (1/126) who said,
"saheeh, meeting the conditions of the Two Shaykhs, I know of no defect
[in it]." Adh-Dhahabee agreed.} If it is asked: why are not the second
category [of people] declared to be kaafir? I would reply: if we were
to say that they are kaafir then this would necessitate the disbelief
of every person who commits a sin while knowing that he has disobeyed
Allaah and knows that [what he has contradicted] is the ruling of
Allaah.
A Benefit
Allaah has described those who do not rule by what Allaah has revealed
with three descriptions:
"Whosoever does not rule by what Allaah has revealed then they are the
disbelievers [kaafiroon]." "Whosoever does not rule by what Allaah has
revealed then they are the oppressors [dhaalimoon]"
"Whosoever does not rule by what Allaah has revealed then they are the
sinners [faasiqoon]."
The People of Knowledge have differed concerning this. So it is opined
that these descriptions in fact describe one and the same thing because
the kaafir is a dhaalim due to the saying of Allaah,
"And the disbelievers are the oppressors." [al-Baqarah (2): 254]
[Similarly the kaafir] is a faasiq due to the saying of Allaah, "As
for the sinners then their abode will be the Fire..." [as-Sajdah (32):
20]
It is also opined that these are distinct descriptions and that they
are [applied] in accordance to the situation:
So [one] becomes a kaafir in three circumstances
When he believes that it is permissible to rule by other than what
Allaah has revealed. The evidence for this lies in the saying of
Allaah, "So is it the rule of Jaahiliyyah (ignorance) that they
seek?" [al-Maa`idah (5): 50]
Everything that opposes the rule of Allaah constitutes the rule of
Jaahiliyyah. [Also the evidence for this] is the definitive consensus
that it is not allowed to rule by other then what Allaah has revealed.
Therefore the one who considers it lawful and permissible to rule by
other then what Allaah has revealed has contradicted this definitive
consensus and such a person is a kaafir and an apostate. This [is
similar to the case of one] who considers fornication or alcohol to be
permissible or considers bread or milk to be unlawful.
When he believes that ruling by other then what Allaah revealed is
equivalent to ruling by the rule of Allaah.
When he believes that ruling by other then what Allaah revealed is
better than ruling by what Allaah has revealed. The evidence for this
lies in the saying of Allaah,
"And who is better than Allaah in judgement for a people who have
certainty?" [al-Maa`idah (5): 50]
So this verse states that the ruling of Allaah is the best of rulings
as is further proven by the saying of Allaah, endorsing this, "Is
Allaah not the best of judges?" [at-Teen (95): 8]
So when Allaah is the best of the judges in ruling and He is the most
just of the rulers then whosoever claims that the rule of other than
Allaah is equivalent or better than the rule of Allaah is a kaafir
because he has denied the Qur`aan.
[One] becomes a dhaalim
When he believes that ruling by what Allaah has revealed is the best of
judgements and the most beneficial for the servants and the lands and
that it is obligatory to apply it. However hatred and jealousy lead him
to rule by other than what Allaah revealed over his subjects - such a
person is a dhaalim.
[One] becomes a faasiq
When he follows his own desires. For example he rules in favour of a
person due to being bribed by him, or due to his being a close relative
or friend, or [because the ruler] seeks the fulfilment of a need from
his comrades or the likes. This along with the belief that the rule of
Allaah is the ideal and it is obligatory to follow it - such a person
is a faasiq. Even though he is also a dhaalim, describing him as a
faasiq is more befitting.
The strongest opinion is the second that these descriptions are
distinct and that they are [applied] in accordance to the situation.
As regards the one who lays down legislative laws, despite his knowing
the judgement of Allaah and that these laws are contrary to Allaah's
judgement - then this person has substituted these laws in place of the
Sharee`ah. Therefore he is a kaafir - this because he does not choose
these laws and turn away from Allaah's Sharee`ah except due to his
belief that they are better for the people and the land than the law of
Allaah. But when we say that he is a kaafir, then the meaning of this
is that this action leads to disbelief.
However the one who [legislates these rules] may have an excuse - for
example he may be one who has been deluded: such that it has been said
to him that this does not conflict with Islaam, or that it is something
allowable as a case of benefitting the people (masaalih al-mursala), or
that it is something that Islaam has left up to the [custom of] the
people.
So there are some scholars - even though they are in error - who say
that social transaction (mu`aamalaat) is something not dealt with by
Islaam, and that rather it is referred to whatever is found to benefit
the economy in each particular time. So if the situation requires us to
establish usury banks or to tax the people then there is no problem
with this.
There is no doubt concerning the error of [such a claim]. So if these
people performed ijtihaad then may Allaah forgive them. Otherwise they
are in a situation of very great danger and it is befitting that they
are entitled 'scholars of the state' and not 'scholars of the Religion.'...
Leo Imanov
Abdu-lLah
AllahsSlave
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{Invite (mankind, O Muhammad ) to the Way of your Lord (i.e. Islam) with wisdom
(i.e. with the Divine Inspiration and the Qur'an) and fair preaching, and argue
with them in a way that is better. Truly, your Lord knows best who has gone
astray from His Path, and He is the Best Aware of those who are guided.}
(Holy Quran-16:125)
{And who is better in speech than he who [says: "My Lord is Allah (believes in
His Oneness)," and then stands straight (acts upon His Order), and] invites
(men) to Allah's (Islamic Monotheism), and does righteous deeds, and says: "I
am one of the Muslims."} (Holy Quran-41:33)
The prophet (peace and blessings of Allah be upon him) said: "By Allah, if
Allah guides one person by you, it is better for you than the best types of
camels." [al-Bukhaaree, Muslim]
The prophet (peace and blessings of Allah be upon him) also said, "Whoever
calls to guidance will have a reward similar to the reward of the one who
follows him, without the reward of either of them being lessened at all."
[Muslim, Ahmad, Aboo Daawood, an-Nasaa'ee, at-Tirmidhee, Ibn Maajah]
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