Exclusive right of Allah to legislate in the religion

Making laws, declaring things lawful and unlawful, and defining the religion are special attributes of Allah alone. What is lawful is only what Allah and His Messenger made lawful, and what is unlawful is only what Allah and His Messenger made unlawful. The religion is only what Allah and His Messenger legislated.

Whoever creates laws besides Allah or obliges people with rules outside the Sharia has taken something that belongs only to Allah, opposed His right, and rejected His Sharia. This is shirk, and the one who does it is a mushrik who is far astray. (Tafsir al Baghaawi 4/243; Tafsir Ibn Kathir 4/390)

Meaning of “Judgement belongs to None but Allah” and Shirk in Obedience

Allah says: “Judgement belongs to none but Allah. He has commanded that you worship none but Him.” (Yusuf 40) This ties exclusive judgement to exclusive worship.

Ibn Kathir explains that judgement, disposal, will and dominion all belong to Allah, and that sincere tawheed is worshipping only Him. Most people do not know this, which is why most fall into shirk. (Tafsir Ibn Kathir 4/390)

Al Shanqiti gathers verses proving that judgement is only for Allah:
“The judgement is only for Allah.” (Yusuf 40, Yusuf 67, al Anam 57)
“Whoever does not judge by what Allah has sent down, they are the disbelievers.” (al Maaidah 44)
“He does not allow anyone to share in His judgement.” (al Kahf 26)
“His is the judgement and to Him you return.” (al Qasas 70, 88)

He says that no one may share legislation with Allah. (Adwaa al Bayaan 7/174)

He then shows that following human-made rulings is shirk in obedience. Allah says:
“If you obey them, indeed you would be mushriks.” (al Anaam 121)

This is the “worship of shaytan” mentioned in:
“Do not worship the shaytan.” (Ya Seen 60–61)
“O my father do not worship the shaytan.” (Maryam 44)

Meaning people worship shaytan by obeying legislation that is not from Allah. (Adwaa al Bayaan 4/107–108)

Partners who Legislate in the Religion

Allah says: “Or do they have partners who have legislated for them in the religion that for which Allah has given no permission.” (ash Shuraa 21)

As Saadi says that these partners are allies from the shayaateen who invent shirk, innovations, and rulings that Allah never allowed. The principle is that only what Allah and His Messenger legislated is religion. (Tafsir as Saadi p 891)

The Three Verses in Surah al Maa’idah & The Views Of The Early Imams

Allah described those who do not judge by His revelation as:
“The disbelievers” (al Maaidah 44),
“The wrongdoers” (al Maaidah 45),
“The defiantly disobedient” (al Maaidah 47).

Al Baghaawi reports different views:

• Qataadah (d. 117 AH) and ad Dahhaak (d. 105 AH): These verses were about the Jews.
• Al Baraa ibn Aazib: All apply to disbelievers.
• Others: Apply to everyone.
• Ibn Abbas and Taawus (d. 106 AH): This is not always kufr that removes from Islam.
• Ata (d. 114 AH): Minor kufr, Minor wrongdoing, Minor fisq.
• Ikrimah (d. 105 AH): Denying the ruling of Allah is kufr, accepting it but not applying it is wrongdoing and fisq.
• Al Kinaani (d. 240 AH): The ruling depends on rejection or mistake. (Tafsir al Baghaawi 3/61)

Al Shanqiti shows that the first verse addresses Muslims, and that kufr here is major or minor kufr depending on intention.

A person is a sinful Muslim if he obeys desire while believing Allah’s rule is obligatory.

But if he rejects Allah’s rule to oppose the messengers, his kufr is major.

The second verse fits the Jews,

and the third the Christians. (Adwaa al Bayaan 3/124–125)

Ibn al Qayyim and Ibn Abi al Izz on types of kufr

Ibn al Qayyim says that Ruling by other than Allah may be minor kufr or major kufr.

• If he believes Allah’s ruling is obligatory but disobeys out of desire: Minor kufr.
• If he believes Allah’s ruling is not obligatory: Major kufr.
• If he errs after effort: he is forgiven. (Madaarij as Saalikeen 1/346)

Ibn Abi al Izz followed him in this and adds that intention and belief determine whether the kufr is major or minor. (Sharh at Tahhaawiyyah 2/446)

When Judging by other than Allah is kufr

A person is a kaafir in three clear cases:

1. He believes it is lawful to judge by something other than Allah’s revelation.
This is apostasy.

2. He believes other rulings are equal to Allah’s ruling.

3. He believes other rulings are better than Allah’s ruling.
This opposes: “Who is better than Allah in judgement.” (al Maaidah 50)

A person is a wrongdoer if he believes Allah’s judgement is best but harms someone through unjust judgement.

A person is defiantly disobedient if he accepts Allah’s ruling but follows desire such as bribes or favouritism. (Tafsir al Baghaawi 3/61; Adwaa al Bayaan 3/124–125)

Ibn Taymiyyah on Judging by Non Sharia Laws

Ibn Taymiyyah was asked about a man who judged pellet gun shooters by “the law of the pellet gun.”

He replied that no one is allowed to judge anyone except by the ruling of Allah and His Messenger.

Whoever judges by another law knowingly is like the Tatars who placed the Yasaq above Allah’s ruling. He said such a person loses uprightness and must be removed from authority. (Majmu al Fataawa 35/407–408)

He also explains that rulers must judge by what Allah revealed if they know it. If they do not know it, they must ask scholars until they know.

If they cannot, they must leave people to act according to their knowledge. If rulers abandon this, they fall into judging by other than Allah’s law, and this leads to downfall. (Majmu al Fataawa 35/387–388)

He states that whoever makes lawful what is forbidden by agreement, or forbids what is lawful by agreement, or changes the Sharia, is a kaafir by consensus. He then defines three meanings of Sharia:

• Revealed Sharia brought by the Messenger (must be followed)
• Interpreted Sharia (scholars’ ijtihad, permissible to follow but not binding)
• Changed Sharia (falsehood blamed on Allah) and whoever claims it is Allah’s law commits kufr. (Majmu al Fataawa 3/267–268)

The shaykh also says: “Whoever does not commit himself to the judgement of Allah and His Messenger is a kaafir.” (Minhaaj as Sunnah 5/131)

The Scholars View On This

• Al Mawardi: The ruler’s first duty is to guard the religion and protect the Sharia. (al Ahkaam as Sultaaniyyah 1/40)
• Ibn Hazm: There is no difference among Muslims that judging by the Gospel today is kufr. (al Ihkaam 5/173)
• Ibn Taymiyyah: Whoever acts by the altered Torah is a kaafir. (Majmu al Fataawa 35/200)
• Ibn al Qayyim: Islam has abrogated all previous laws. (Ahkaam Ahl adh Dhimmah 1/533)
• Ibn Kathir: Whoever leaves the Sharia and follows other laws is a kaafir by consensus. (Tafsir Ibn Kathir 3/131; al Bidaayah 17/163)
• Ahmad Shaakir: Replacing the Sharia with modern laws is clear cut kufr. (Hukm al Jaahiliyyah p 29–30)
• Muhammad ibn Ibraaheem: Ruling by man made laws is major kufr. (Fataawa Muhammad ibn Ibraaheem 12/284–291)
• Ash Shanqiti: Following man made law is definite kufr and shirk. (Adwaa al Bayaan 4/109)

Ibn Uthaymeen on Replacing the Sharia

Ibn Uthaymeen says that those who implement man made law and leave behind the Book and Sunnah are not believers, quoting:

“But no, by your Lord, they do not believe until they make you judge.” (an Nisaa 65)
“And whoever does not judge by what Allah has sent down, they are the disbelievers.” (al Maaidah 44)

He says that they have not only judged unjustly in some cases, but replaced the Sharia entirely.

This is major kufr, even if they pray and fast. He confirms that rejecting part of the Book is rejecting all of it, and that following desire while rejecting Allah’s judgement is taking desire as a god besides Allah.

He ends by warning that many rulers today follow Western laws and place them above the Sharia.

He says Islam is complete and covers public and private life, and treating politics, punishments, economics and public order as areas for man made law is a rejection of Islam. (Sharh Riyaad as Saaliheen 2/261–262)

Legislation, declaring things lawful, and declaring things unlawful are from the special attributes of Allah the Exalted. They are a right that belongs purely to Allah alone, with no partner. What is lawful is what Allah and His Messenger have made lawful, and what is unlawful is what Allah and His Messenger have made unlawful, and the religion is what Allah and His Messenger have legislated.

So whoever legislates besides Allah, or obliges people with something other than the Sharia of Allah, has contested Allah in what He has made specific to Himself, transgressed a right from His rights, and rejected the Sharia of Allah. This act is shirk with Allah, and its doer is a mushrik who is far astray.

Allah the Exalted mentioned, relating the words of Yusuf to his two companions in prison: “Judgement belongs to none but Allah. He has commanded that you worship none but Him. That is the upright religion, but most of the people do not know.” (Surah Yusuf 40).

Al Baghaawi said: “His saying judgement means decision, command, and prohibition, and it belongs only to Allah.” (Tafsir al Baghaawi 4/243).

Ibn Katheer said: “He informed them that judgement, disposal, will, and dominion, all of that belongs to Allah. He has commanded all of His servants that they worship none but Him. Then He said: That is the upright religion, meaning this to which I call you, of tawheed of Allah and sincerity in action for Him, is the straight religion that Allah has commanded and for which He sent down proof and evidence, which He loves and is pleased with.

But most of the people do not know, meaning for this reason most of them are mushriks. And most of the people, even if you strive, will not be believers.” (Surah Yusuf 103). (Tafsir Ibn Katheer 4/390).

Al Shanqeeti said: “The Quran has shown in many verses that judgement belongs only to Allah, and that following or making legislation from anyone other than Him is disbelief in Him.

Among the verses that show that judgement is only for Allah is His saying: “The judgement is only for Allah. He has commanded that you worship none but Him” (Yusuf 40).

And His saying: “The judgement is only for Allah. In Him I place my trust” (Yusuf 67).

And His saying: “The judgement is only for Allah. He tells the truth and He is the best of those who decide” (al Anam 57).

And His saying: “Whoever does not judge by what Allah has sent down, they are the disbelievers” (al Maidah 44).

And His saying: “He does not allow anyone to share in His judgement” (al Kahf 26).

And His saying: “Everything will perish except His Face. His is the judgement and to Him you will return” (al Qasas 88).

And His saying: “To Him belongs praise in the first life and the last life, and His is the judgement and to Him you will return” (al Qasas 70). And verses like this are many.” (Adwaa al Bayaan 7/174).

Al Shanqeeti also said: “These verses, such as His saying and He does not associate anyone in His judgement. (Surah al Kahf 26).

Make it understood that those who follow the rulings of those who legislate something other than what Allah has legislated are people who associate partners with Allah.

This understood meaning is clearly explained in other verses, such as His saying about those who followed the legislation of the shaytaan in permitting carrion by claiming that it is the slaughter of Allah: And do not eat of that upon which the name of Allah has not been mentioned, for indeed it is defiantly disobedient. And indeed the shayaateen whisper to their allies to dispute with you, and if you obey them, indeed you would be mushriks. (Surah al Anaam 121).

He has clearly stated that they are mushriks by their obedience, and this association in obedience and following a legislation that contradicts what Allah has legislated is what is meant by worship of the shaytaan in His saying: Did I not command you, O children of Adam, that you not worship the shaytaan. Indeed he is to you a clear enemy. And that you worship Me, this is a straight path. (Surah Ya Seen 60 to 61).

And His saying about His Prophet Ibrahim: O my father, do not worship the shaytaan. Indeed the shaytaan has been disobedient to the Most Merciful. (Surah Maryam 44).

And His saying: They call upon, instead of Him, none but female beings, and they call upon none but a rebellious shaytaan. (Surah an Nisaa 117).

Meaning they worship none but a shaytaan, that is, by following his legislation. For this reason Allah called those who are obeyed in what they beautify of sins partners in His saying: And likewise, their partners have made attractive to many of the mushriks the killing of their children.” (Adwaa al Bayaan 4/107-108).

Allah the Exalted said: “Or do they have partners who have legislated for them in the religion that for which Allah has given no permission. And if not for the decisive word, it would have been concluded between them. But indeed, the wrongdoers will have a painful punishment.” (Surah ash Shuraa 21).

As Saadi said: “He informs that the mushriks have taken partners whom they ally with and with whom they share in disbelief and its actions, from the shayaateen of humankind who call to disbelief.

They have legislated for them in the religion that for which Allah has given no permission, from shirk and innovations, prohibition of what Allah has made lawful, and making lawful what Allah has made unlawful, and so on from what their desires have demanded, even though the religion is nothing but what Allah the Exalted has legislated, for His servants to follow and draw near to Him with.

The basic rule is that it is restricted for everyone to legislate anything that has not come from Allah and His Messenger. How then with these sinful ones who are joined with their forefathers upon disbelief.” (Tafsir as Saadi p 891).

Allah the Exalted said: “And whoever does not judge by what Allah has sent down, then it is those who are the disbelievers.” (Surah al Maaidah 44).

Ibn al Qayyim said: “Judging by other than what Allah has sent down covers two types of kufr, the lesser and the greater, according to the condition of the ruler. For if he believes that judgement by what Allah has sent down is obligatory in this particular case, but he turns away from it in disobedience while acknowledging that he is deserving of punishment, then this is lesser kufr.

But if he believes that it is not obligatory and that he is free in this matter, while being certain that it is the judgement of Allah, then this is greater kufr. And if he is ignorant of it and mistaken about it, then he is mistaken and has the ruling of those who err.” (Madaarij as Saalikeen 1/346).

Ibn Abi al Izz said:

“Here there is a matter that it is necessary to pay attention to, and that is that judging by other than what Allah has sent down can be kufr that takes a person out of the religion, and it can be a major or minor sin, and it can be called kufr either figurative kufr or lesser kufr, according to the two well known sayings, and that is according to the condition of the ruler. If he believes that judgement by what Allah has sent down is not obligatory and that he is free in the matter, or he belittles it while being certain that it is the judgement of Allah, then this is greater kufr.

But if he believes in the obligation of judgement by what Allah has sent down and knows it in this particular case, then leaves it, while acknowledging that he deserves punishment for that, then he is disobedient and is called a kaafir in a figurative sense or lesser kufr. And if he is ignorant of the judgement of Allah in that case, while exerting his effort and doing his best to know the judgement, and then errs, then he is mistaken, and he has a reward for his ijtihad and his error is forgiven.” (Sharh at Tahhaawiyyah 2/446).

Allah the Exalted said: “Do they seek the judgement of the time of ignorance. And who is better than Allah in judgement for a people who are certain.” (Surah al Maaidah 50).

Ibn Taymiyyah was asked about a man who took charge of judging a group of pellet gun shooters, and he says: this is the law of the pellet gun, and he is a supervisor over a school and over fuqaha (jurists).

So if he speaks about this ruling and this law that he mentions, does his uprightness fall so that he is removed from overseeing the waqf (charitable endowment), or not.

And is it necessary for the ruler of the Muslims who accepts his adala (uprightness) that if he hears him speaking about the law of the pellet gun which Allah and His Messenger did not legislate, he removes him from overseeing the waqf, or not.

Ibn Taymiyyah said: “All praise belongs to Allah. No one has the right to judge between any of the creation of Allah, not between the Muslims, nor the kuffar, nor the young men, nor the pellet gun shooters, nor the army, nor the poor, nor anyone else, except by the ruling of Allah and His Messenger.

Whoever seeks other than that is included in the saying of Allah:
أفحكم الجاهلية يبغون ومن أحسن من الله حكما لقوم يوقنون
“They seek the ruling of ignorance. Who is better than Allah in ruling for a people who have certainty” (al Maidah 50).

And His saying:
فلا وربك لا يؤمنون حتى يحكموك فيما شجر بينهم ثم لا يجدوا في أنفسهم حرجا مما قضيت ويسلموا تسليما
“By your Lord, they do not believe until they make you the judge in what they dispute about, then they find no discomfort in their hearts about what you have judged, and they submit with full submission” (al Nisa 65).

So it is necessary for the Muslims to judge by Allah and His Messenger in everything that arises between them. And whoever judges by the ruling of the pellet gun and the law of the pellet gun, or anything else that opposes the Sharia (Sharia means the revealed law) of Allah and His Messenger, and the ruling of Allah and His Messenger, while he knows this, then he is of the type of the Tatars who place the ruling of the Yasaq (the law attributed to Genghis Khan) above the ruling of Allah and His Messenger.

Whoever does this deliberately has damaged his adala and his religion. And it becomes necessary to prevent him from overseeing the waqf.” (Majmu al Fataawa 35/407-408).

He also said: “The one in authority, if he knows what has come with the Book and the Sunnah, judges among the people by it. If he does not know it, and it is possible for him to know what this one says and what that one says until he knows the truth, then he judges by it. And if that is not possible for him, neither this nor that, he leaves the Muslims upon what they are upon, each one worshipping Allah according to his ijtihad.

He has no right to force anyone to accept the saying of another, even if he is a judge. If those in authority go out from this, then they have judged by other than what Allah has sent down, and their strength turns upon themselves. This is from the greatest causes of the change of states, as has happened like this time after time in our time and in other than our time.

Whoever Allah wants happiness for, He makes him take lesson from what has happened to others, so he follows the path of those whom Allah supported and helped, and he avoids the path of those whom Allah forsook and humiliated.

For Allah says in His Book: And Allah will surely support those who support Him. Indeed Allah is Strong and Mighty. Those who, if We give them authority in the earth, establish the prayer, give zakah, enjoin what is right and forbid what is wrong. And to Allah belongs the outcome of all matters. (Surah al Hajj 40-41).

So Allah has promised to support those who support Him, and supporting Him is supporting His Book, His religion, and His Messenger, not supporting those who judge by other than what Allah has sent down and speak without knowledge.

For if a ruler is religious but judges without knowledge, then he is from the people of the Fire. If he is knowledgeable but judges contrary to the truth that he knows, then he is from the people of the Fire. If he judges without justice and without knowledge, then he is even more deserving of being from the people of the Fire.

This is if he judges in a specific case for a particular person. As for if he lays down a general judgement in the religion of the Muslims and makes the truth false and the falsehood truth, the Sunnah innovation and the innovation Sunnah, and what is recognised as good something rejected, and what is rejected as evil something recognised, and forbids what Allah and His Messenger have commanded, then this is another kind.

The Lord of the creatures judges about this, the God of the messengers, the Owner of the Day of Judgement, the One to whom belongs all praise in the first and the last, to whom belongs the judgement and to whom you will be returned. (Surah al Qasas 70).

He is the One who sent His Messenger with guidance and the religion of truth, to make it apparent over all religion, and Allah is sufficient as a witness.” (Surah al Fath 28). (Majmu al Fataawa 35/387-388).

Statements of the scholars on general legislation

Al Mawardi, when mentioning the first thing that is obligatory on the Muslim ruler from the general matters, said:

“Guarding the religion upon its stable foundations and what the early scholars of the Ummah agreed upon. If an innovator appears or a person of doubtful argument deviates from it, he clarifies the proof to him, makes the correct way clear to him, and takes from him what is binding upon him from rights and punishments, so that the religion is protected from defect and the Ummah is protected from slipping.” (al Ahkaam as Sultaaniyyah 1/40).

Ibn Hazm said: “There is no disagreement between two Muslims that whoever judges by the ruling of the Gospel in what has no explicit text by way of revelation in the Sharia of Islam is a kaafir, mushrik, outside from Islam.” (al Ihkaam fi Usool al Ahkaam 5/173).

Ibn Taymiyyah said: “The copies of this Torah are altered, and it is not allowed to act upon what is in them. Whoever today acts upon its altered and abrogated laws is a kaafir.” (Majmu al Fataawa 35/200).

Ibn al Qayyim said: “They said: The Quran has come and ijmaa has been correctly established that the religion of Islam has abrogated every religion that was before it, and that whoever commits himself to what the Torah and the Gospel brought and does not follow the Quran is a kaafir.

Allah has nullified every law that was in the Torah, the Gospel and the rest of religions, and He has made it obligatory upon jinn and humans to follow the laws of Islam. So there is no unlawful thing except what Islam has made unlawful, and no obligation except what Islam has made obligatory.” (Ahkaam Ahl adh Dhimmah 1/533).

Ibn Kathir said: “Whoever leaves the precise Sharia that was sent down upon Muhammad, the seal of the prophets, peace and blessings be upon him, and takes disputes to other than it, from the abrogated laws, is a kaafir. So how is it with one who takes disputes to the yasaq and gives it precedence over it.

Whoever does that is a kaafir by agreement of the Muslims. Allah the Exalted said: Do they seek the judgement of the time of ignorance. And who is better than Allah in judgement for a people who are certain. (Surah al Maaidah 50).

And He said: But no, by your Lord, they do not believe until they make you judge in that which has arisen between them, then they find no discomfort in themselves from what you have decided and submit with full submission. (Surah an Nisaa 65).” (al Bidaayah wa an Nihaayah 17/163).

He also said: “Allah’s saying, “Do they seek the judgement of ignorance? But who is better in judgement than Allah for a people who are certain?”

Means that Allah, the Exalted, rebukes those who turn away from His firm and perfect judgement that includes every good and forbids every evil, and who instead resort to other sources such as opinions, desires, and customs established by people without any proof from the Sharia of Allah.

This is like the ways of the people of ignorance who used to judge according to falsehood and foolishness that they invented from their own opinions and desires.

It is also like the rule of the Tatars, who followed royal policies derived from their king Genghis Khan, who made for them the Yasa, which was a written code compiled from various laws taken from Judaism, Christianity, and Islam, along with many rulings that he made purely from his own opinion and desire.

It became among his descendants a law that they followed and preferred over judgement by the Book of Allah and the Sunnah of His Messenger. Whoever among them does this is a kafir who must be fought until he returns to the judgement of Allah and His Messenger and judges by nothing else, whether in minor or major matters.

Allah the Exalted said: “Do they seek the judgement of ignorance?” meaning do they desire and seek it, and turn away from the judgement of Allah? “But who is better in judgement than Allah for a people who are certain?”

Meaning who is more just than Allah in His ruling for those who understand His Sharia, believe in it, and have certainty that He, the Exalted, is the wisest of judges and more merciful to His creation than a mother is to her child. He, the Exalted, knows everything, is capable of everything, and is just in everything.” (Tafsir Ibn Katheer 3/131).

Allah has described those who judge by other than what He sent down with three descriptions.

He said: “And whoever does not judge by what Allah has sent down, then it is those who are the disbelievers.” (Surah al Maaidah 44).

He said: “And whoever does not judge by what Allah has sent down, then it is those who are the wrongdoers.” (Surah al Maaidah 45).

He said: “And whoever does not judge by what Allah has sent down, then it is those who are the defiantly disobedient.” (Surah al Maaidah 47).

The people of knowledge have differed regarding this.

It has been said that these descriptions refer to a single described group, because the kaafir is a wrongdoer, as He said: “And the disbelievers, they are the wrongdoers.” (Surah al Baqarah 254).

And he is defiantly disobedient, as He said: “And as for those who defiantly disobeyed, their abode is the Fire.” (Surah as Sajdah 20). Meaning they disbelieved.

It has also been said that they refer to different described groups and that it depends on the type of judgement.

So A Person is a Kaafir in Three Situations.

First, if he believes that it is permissible to judge by other than what Allah has sent down, due to His saying: “Do they seek the judgement of the time of ignorance.” (Surah al Maaidah 50).

So everything that contradicts the judgement of Allah is from the judgement of the time of ignorance, based on the certain ijmaa that it is not allowed to judge by other than what Allah has sent down.

Whoever makes judgement by other than what Allah has sent down lawful is opposing the certain ijmaa of the Muslims, and such a person is an apostate, like one who believes that zina is lawful or that alcohol is lawful or that bread or milk are unlawful.

Second, if he believes that the judgement of other than Allah is equal to the judgement of Allah.

Third, if he believes that the judgement of other than Allah is better than the judgement of Allah, due to His saying: “And who is better than Allah in judgement for a people who are certain.” (Surah al Maaidah 50). This verse contains that the judgement of Allah is the best of judgements.

Allah has affirmed this, saying: “Is Allah not the most just of judges.” (Surah at Teen 8). So if Allah is the best of judges in His judgements, and He is the most just of judges, then whoever claims that the judgement of other than Allah is equal to the judgement of Allah or better than it is a kaafir, because he is denying the Quran.

A person is a wrongdoer if he believes that judgement by what Allah has sent down is the best of judgements, the most beneficial for the servants and the lands, and that it is obligatory to apply it, but hatred and malice toward the one being judged drives him to judge by other than what Allah has sent down. Such a person is a wrongdoer.

A person is defiantly disobedient if his judgement by other than what Allah has sent down is due to a desire within himself, while he believes that the judgement of Allah is the truth, but he judges by other than it for the sake of a personal desire, such as love of what he judges with, and not out of dislike for the judgement of Allah or to harm anyone.

For example, he may judge for a person because of a bribe he has been given, or because he is a relative or a friend, or because he expects some benefit in return, and the like, while believing that the judgement of Allah is the best and that it is obligatory to follow it.

This person is a faasiq and is also a wrongdoer, but the description of defiantly disobedient is more fitting for him than the description of wrongdoer.

Al Baghaawi said: “His saying And whoever does not judge by what Allah has sent down, then it is those who are the disbelievers, and those who are the wrongdoers, and those who are the defiantly disobedient.

Qataadah and ad Dahhaak said: These three verses were revealed regarding the Jews, not about those who do wrong from this Ummah.

It is narrated from al Baraa ibn Aazib about His saying And whoever does not judge by what Allah has sent down, then it is those who are the disbelievers, and those who are the wrongdoers, and those who are the defiantly disobedient that all of them are about the disbelievers. It has been said that they apply to all people.

Ibn Abbaas and Taawus said: It is not a type of kufr that takes a person out of the religion. Instead, if he does it, then he is by it a kaafir but not like one who disbelieves in Allah and the Last Day.

Ata said: It is kufr less than kufr, wronging less than wronging, and defiantly disobeying less than defiantly disobeying.

Ikrimah said that its meaning is that whoever does not judge by what Allah has sent down, denying it, is a kaafir, and whoever accepts it but does not judge by it is a wrongdoer, defiantly disobedient.

Abdul Aziz ibn Yahya al Kinaani was asked about these verses and he said: They apply to all that Allah has sent down, not to part of it. Whoever does not judge by all that Allah has sent down is a kaafir, wrongdoer and defiantly disobedient. As for one who judges by what Allah sent down of tawheed and leaving shirk, then does not judge by some of what Allah sent down of the laws, he does not deserve the ruling of these verses. The scholars said: This is when a person rejects the text of the judgement of Allah openly and deliberately. As for one upon whom it is hidden or who errs in its interpretation, then no.” (Tafsir Al Baghawi 3/61).

Ash Shanqeeti said: “The apparent and first understanding from the context of the verses is that the verse then it is those who are the disbelievers was revealed about the Muslims, because He the Exalted said before it, addressing the Muslims of this Ummah: So do not fear the people, but fear Me, and do not exchange My verses for a small price. (Surah al Maaidah 44).

Then He said after that: And whoever does not judge by what Allah has sent down, then it is those who are the disbelievers. (Surah al Maaidah 44).

So the address is to the Muslims, as is clearly understood from the context of the verse. Based on that, the kufr is either kufr less than kufr or the person did that while making it lawful or intending by it to reject the rulings of Allah and deny them while knowing them.

As for the one who judges by other than the judgement of Allah while knowing that he is committing a sin and doing something ugly, and what drove him to that is only desire, then he is from the other disobedient Muslims.

The context of the Quran also clearly shows that the verse then it is those who are the wrongdoers is about the Jews, because He said before it: And We ordained for them in it that a life is for a life, an eye for an eye, a nose for a nose, an ear for an ear, a tooth for a tooth, and wounds are subject to retaliation. But whoever gives charity, it is an expiation for him.

And whoever does not judge by what Allah has sent down, then it is those who are the wrongdoers. (Surah al Maaidah 45).

So the address is to them, due to the clear indication of the context. Just as it is also clear that the verse then it is those who are the defiantly disobedient is about the Christians, because He said before it: Let the people of the Gospel judge by what Allah has sent down in it. And whoever does not judge by what Allah has sent down, then it is those who are the defiantly disobedient. (Surah al Maaidah 47).

Know that clarifying this issue is that kufr, wrongdoing and defiantly disobeying, each one of them is sometimes used in the Sharia meaning sin, and sometimes meaning kufr that takes a person out of the religion.

Whoever does not judge by what Allah has sent down in opposition to the messengers and in order to nullify the rulings of Allah, then his wrongdoing, defiantly disobeying and kufr are all kufr that takes a person out of the religion.

Whoever does not judge by what Allah has sent down while believing that he is committing something unlawful and ugly, then his kufr, wrongdoing and defiantly disobeying do not take him out of the religion.

You have already known that the apparent meaning of the Quran shows that the first verse is about the Muslims, the second about the Jews and the third about the Christians, and that consideration is to the general wording, not the specific cause.” (Adwaa al Bayaan 3/124-125).

Whoever lays down legislative laws while knowing the judgement of Allah and knowing that these laws contradict the judgement of Allah has substituted the Sharia with these laws. Whoever introduces laws that contradict the Sharia and claims that they are from unrestricted interests is lying in his claim, because unrestricted and restricted interests, if the Sharia has recognised and indicated them, are from the Sharia. What the Sharia has rejected is not a real interest and what it has remained silent about is something overlooked.

Ibn Taymiyyah said: “Judgement with justice is obligatory in every situation, in every time and place, upon everyone and for everyone. Judgement by what Allah sent down upon Muhammad, peace and blessings be upon him, is a specific type of justice. It is the most complete and best form of justice.

Judgement by it is obligatory upon the Prophet, peace and blessings be upon him, and upon everyone who follows him. Whoever does not commit himself to the judgement of Allah and His Messenger is a kaafir.” (Minhaaj as Sunnah an Nabawiyyah 5/131).

He also said: “ If it happened that people of status who had a desire to break his rulings and transfer property wanted to do that, this would be among the easiest things for them. But as for writing that he has left Islam, the rulings of the apostate do not take effect, because it is known from him by the private and the public that he made what he did in this case the Sharia of Muhammad son of Abdullah.

A person, whenever he makes allowed what is forbidden with agreement, or makes forbidden what is allowed with agreement, or changes the Sharia with agreement, is a disbeliever who has left Islam by the agreement of the jurists.

In cases like this His saying was revealed according to one of the two views, whoever does not judge by what Allah has sent down they are the disbelievers, meaning he is the one who makes lawful the judgement by other than what Allah has sent down.

The word Sharia is used in the common usage of people for three meanings.

The first is the revealed Sharia, which is what the Messenger brought. This must be followed, and whoever opposes it must be punished.

The second is the interpreted Sharia, which is the opinions of the scholars who perform ijtihad in it, such as the madhhab of Malik and similar.

This is allowed to follow, it is not obligatory and it is not forbidden. No one has the right to make all people follow it, and no one has the right to stop all people from it.

The third is the changed Sharia, which is lying about Allah and His Messenger, or lying about people by false testimonies and similar things, and clear wrongdoing.

Whoever says that this is from the Sharia of Allah has committed disbelief without dispute, like someone who says that blood and dead meat are allowed, even if he says this is my madhhab and similar to that.” (Majmu al Fataawa 3/267-268).

Ahmad Shaakir said: “The matter regarding these man made laws is as clear as the sun. They are plain kufr, with no ambiguity and no twisting. There is no excuse for anyone who attributes himself to Islam, whoever he is, if he works with them, submits to them, or approves of them. So let every person beware for himself.

Every person will stand account for himself. Let the scholars openly declare the truth, without fear, and let them convey what they have been commanded to convey, without laziness or falling short.

The slaves of this modern yasaq and its supporters will say about me that I am rigid and reactionary and the like of these sayings. Let them say what they wish, I have never cared what is said about me. I only said what I am obligated to say.” (Kitab Hukm al Jahiliyyah
by Ahmad Shakir pg 29-30)

Muhammad ibn Ibraaheem Aal ash Shaykh said: “ From the clear major kufr (major disbelief) is placing the cursed law in the position of that which the trustworthy spirit brought down upon the heart of Muhammad peace and blessings be upon him, so that he may be from the warners, in a clear Arabic tongue, to judge by it among the worlds and to refer to it when those who dispute differ, in opposition and resistance to the saying of Allah the Mighty and Majestic: “If you differ about anything then refer it to Allah and the Messenger if you believe in Allah and the Last Day that is better and best in result” (Surah An Nisa 59).

And Allah the Exalted has denied iman (faith) from those who do not judge the Prophet peace and blessings be upon him in what has arisen between them, with a firm denial through repetition of the tool of negation and through an oath.

He said: “But no by your Lord they do not believe until they make you judge in what has arisen between them then they find no discomfort in themselves from what you have decided and they submit with full submission” (Surah An Nisa 65).

Allah the Exalted did not consider it enough from them to merely judge by the Messenger peace and blessings be upon him until they add to that that they find no discomfort in their hearts, as He said: “then they find no discomfort in themselves from what you have decided” (Surah An Nisa 65). Discomfort is tightness, rather their chests must widen for that and be free from worry and disturbance.

And Allah the Exalted did not consider these two matters enough until they add to them submission, which is complete yielding to His ruling, such that they remove from their souls any attachment to that matter and hand it fully to the true ruling. For this reason He emphasised that with the verbal noun of emphasis in His saying: “submission” (Surah An Nisa 65) showing that mere submission is not enough but that it must be complete submission.

Reflect on what is in the first verse, His saying: “If you differ about anything then refer it to Allah and the Messenger if you believe in Allah and the Last Day that is better and best in result” (Surah An Nisa 59). How He mentioned the indefinite word “anything” in a conditional form which indicates generality in everything that may be disputed over in type and amount.

Then reflect on how He made that a condition for the existence of iman (faith) in Allah and the Last Day with His saying: “if you believe in Allah and the Last Day” (Surah An Nisa 59). Then He said: “That is better” meaning that anything Allah describes as better cannot have any evil in it at all but is pure good in the short and long term.

Then He said: “and best in result” meaning best in outcome in this world and the next (Surah An Nisa 59). This shows that referring to other than the Messenger at times of dispute is pure evil and has the worst outcome in this world and the next.

This is opposite to what the hypocrites say: “We only intended good conduct and harmony” (Surah An Nisa 62) and their saying: “We are only reformers” (Surah Al Baqarah 11).

So Allah responded to them saying: “Unquestionably they are the corrupters but they do not realise” (Surah Al Baqarah 12). And it is opposite to what the people of law claim when they say that the world needs the law and even that it must seek judgement from it.

This is pure bad opinion of what the Messenger peace and blessings be upon him brought and pure belittling of the explanation of Allah and His Messenger and judgement upon it that it is not enough for people when they dispute and that it has a bad end in this world and the next. This is the necessary consequence of their belief.

Reflect also on the second verse in His saying: “in what has arisen between them” (Surah An Nisa 65). For the relative noun with its clause indicates generality among the scholars of usul and others. That generality is from the side of types and kinds and also from the side of amount. So there is no difference here between one type and another and no difference between little and much.

Allah has denied iman from those who wish to seek judgement from other than what the Messenger brought from among the hypocrites, as He said: “Have you not seen those who claim they have believed in what was sent down to you and what was sent down before you they want to seek judgement from the taghut though they were commanded to reject it and Shaytan wants to mislead them far astray” (Surah An Nisa 60).

His saying “they claim” is a rejection of their claim of iman, for seeking judgement from other than what the Prophet brought and iman cannot come together in the heart of any slave at all. One of them opposes the other. And the word taghut comes from tughyan meaning going beyond the limit.

So everyone who rules by other than what the Messenger brought or seeks judgement from other than what the Messenger brought has ruled by the taghut and gone for judgement to it.

That is because it is from the fixed limits of every person that he only rules by what the Prophet brought and not by what contradicts it, and that he only seeks judgement from what the Prophet brought not from what opposes it. So whoever rules by other than that or seeks judgement from other than that has transgressed and gone beyond his limit in ruling or judging and so becomes a taghut because he has passed his limit.

Reflect on His saying: “though they were commanded to reject it” (Surah An Nisa 60), you will know from it the opposition of the people of law and that their desire is contrary to what Allah wants from them in this matter. For what is wanted from them legally and what they have been ordered with is rejecting the taghut not making it judge. “But those who did wrong changed the word to something other than what was said to them” (Surah Al Baqarah 59).

Reflect also on His saying: “and Shaytan wants to mislead them” (Surah An Nisa 60). How it shows that this is misguidance while the people of law think it is guidance. And the verse shows that this is from the will of Shaytan opposite to what the people of law imagine about their distance from Shaytan and that their systems are benefit for mankind.

So according to their claim the desires of Shaytan are benefit for mankind and the desire of the Most Merciful and what the master of the children of Adnan peace and blessings be upon him was sent with is removed from this description.

Allah said criticising this kind of people and confirming their desire for the rulings of jahiliyyah and making clear that no ruling is better than His ruling: “Do they seek the judgement of jahiliyyah and who is better than Allah in judgement for a people who are sure” (Surah Al Ma idah 50). Reflect on this noble verse.

See how it indicates that the division of ruling is two and that after the ruling of Allah there is nothing except the ruling of jahiliyyah. This shows that the people of law are from the people of jahiliyyah whether they like it or not. Rather they are worse than them and more false in speech because the people of jahiliyyah did not contradict in this matter.

But the people of law contradict themselves for they claim iman in what the Messenger brought and then oppose it and want to take a path between the two. Allah said about such people: “They are the disbelievers in truth and We have prepared for the disbelievers a humiliating punishment” (Surah An Nisa 151).

Then see how this noble verse refuted the people of law in what they claim of the goodness of the refuse of their minds and their ideas by His saying: “and who is better than Allah in judgement for a people who are sure” (Surah Al Ma idah 50).

Ibn Kathir said in explaining this verse: “Allah criticises whoever leaves His judgement which includes all good and forbids all evil and goes instead to views and desires and customs which men have set down without any basis from the sharia of Allah just as the people of jahiliyyah judged with misguidance and ignorance which they put down with their views and desires and just as the Tatars judged with the royal political law taken from their king Genghis Khan who wrote for them a book gathered from judgements he took from many laws from Judaism and Christianity and the Islamic religion and others.

In it are many rulings taken from only his opinion and desire so it became for his descendants a law that is followed which they put ahead of ruling by the Book of Allah and the sunnah of the Messenger peace and blessings be upon him.

Whoever does that is a disbeliever who must be fought until he returns to the ruling of Allah and His Messenger so nothing is judged by except the Book of Allah and the sunnah of His Messenger neither in small matters nor large matters.

Allah the Exalted said: ‘Do they seek the judgement of jahiliyyah’ meaning do they want and desire it ‘and from the ruling of Allah they turn away’ ‘and who is better than Allah in judgement for a people who are sure’ meaning who is more just in His ruling for those who understand from Allah His sharia and believe in it and are certain and know that Allah is the most just of judges and more merciful than a mother to her child for He is the One who knows all things and is able over all things and just in all things.”

Allah the Exalted said before this addressing His Prophet Muhammad peace and blessings be upon him: “And judge between them by what Allah has sent down and do not follow their desires away from the truth that has come to you” (Surah Al Ma idah 48).

And He said: “And judge between them by what Allah has sent down and do not follow their desires and beware of them lest they tempt you away from some of what Allah has sent down to you” (Surah Al Ma idah 49).

And Allah the Exalted said giving His Prophet Muhammad the choice between judging between the Jews or turning away from them if they come to him: “If they come to you then judge between them or turn away from them and if you turn away from them they will not harm you at all and if you judge then judge between them with justice indeed Allah loves the just” (Surah Al Ma idah 42).

Justice is fairness and there is no real justice except the ruling of Allah and His Messenger and ruling contrary to it is oppression and wrongdoing and misguidance and kufr and fisq. For this reason He said: “And whoever does not judge by what Allah has sent down then they are the disbelievers” (Surah Al Ma idah 44). “And whoever does not judge by what Allah has sent down then they are the wrongdoers” (Surah Al Ma idah 45). “And whoever does not judge by what Allah has sent down then they are the rebellious” (Surah Al Ma idah 47).

See how Allah has recorded kufr and wrongdoing and rebellion upon the one who judges by other than what Allah has sent down. It is impossible that Allah calls the one who judges by other than what Allah has sent down a disbeliever and he is not a disbeliever. Rather he is a disbeliever completely, either kufr of action or kufr of belief.

And the words of Ibn Abbas may Allah be pleased with them both in explaining this verse from the narration of Tawus and others show that the one who judges by other than what Allah has sent down is a disbeliever either kufr of belief that removes from the religion or kufr of action that does not remove from the religion.

The first which is kufr of belief has types. One of them is that the one who judges by other than what Allah has sent down denies the truth of the ruling of Allah and His Messenger. This is the meaning of what has been narrated from Ibn Abbas and what Ibn Jarir chose that it is denial of what Allah has sent down from the legal ruling.

There is no disagreement about this among the scholars for the established principles agreed upon between them are that whoever denies a foundation of the religion or a matter agreed upon or denies a letter from what the Messenger peace and blessings be upon him brought that is certain then he is a disbeliever with kufr that removes from the religion.

The second is that he does not deny that the ruling of Allah and His Messenger is truth but he believes that the ruling of someone other than the Messenger is better than his ruling or more complete or more suitable in what people need in judgement when they dispute either completely or regarding new events that arise from the development of time and change of conditions.

This also is without doubt kufr for he has preferred the rulings of created beings which are the refuse of minds and the scraps of thoughts over the ruling of the All Wise the All Praised. The ruling of Allah and His Messenger does not change in its essence with the change of times and development of conditions and appearance of events.

There is no matter except that its ruling is in the Book of Allah and the sunnah of His Messenger either as a text or a clear meaning or a deduction or other than that. Whoever knows it knows it and whoever is ignorant of it is ignorant of it.

The meaning of what the scholars have said concerning the change of fatwa with the change of conditions is not what those imagine who have small or no portion of understanding the bases of rulings and their reasons.

They think its meaning is according to what suits their animal desires and worldly aims and mistaken images. For this reason you find them defending that and making the texts follow it whenever they can, so they distort the words from their places.

The meaning of the change of fatwa with the change of conditions that the scholars intended is when legal foundations and recognised reasons and interests whose category is what Allah and His Messenger intend are kept in mind. It is known that the people of man made law are far from that and they do not rely except on what suits their desires whatever they may be. Reality is the strongest witness.

The third is that he does not believe that the ruling of someone other than Allah and His Messenger is better, but he believes it is equal.

This is like the two types before it in that it is kufr which removes from the religion because it includes equating the created being with the Creator and opposing His saying: “There is nothing like Him” (Surah Ash Shura 11).

And similar verses that show the uniqueness of the Lord in perfection and His being free from resembling created beings in essence and attributes and actions and the ruling between people in what they differ.

The fourth is that he does not believe that the ruling of someone who judges by other than what Allah has sent down is equal to the ruling of Allah and His Messenger let alone believing it is better, but he believes it is allowed to judge by what opposes the ruling of Allah and His Messenger. This is like the one before it and what applies to that applies to this because he believes permissible what the clear and certain texts have made forbidden.

The fifth which is the greatest of them and most general and most clear in opposition to the sharia and resisting its rulings and opposing Allah and His Messenger and resembling the sharia courts in preparation and supply and support and building and branching and shaping and variety and judging and enforcing and references and sources.

Just as the sharia courts have references and sources that all go back to the Book of Allah and the sunnah of His Messenger, these courts have references that are the man made law made from many laws such as French law and American law and British law and other laws and from the madhhabs of some innovators who claim to follow the sharia and other things.

These courts now in many Muslim lands are ready and complete and their doors are open and people go to them in groups after groups.

Their judges rule between them with what opposes the ruling of the sunnah and the Book from the rulings of that law and force that upon them and affirm it for them and impose it upon them. What kufr can be above this kufr and what opposition to the testimony that Muhammad ﷺ is the Messenger of Allah can be above this opposition.

The evidences for everything we have mentioned in detail are known and clear and this place does not allow mentioning them.

O people of intellect and O people of understanding and O people of sound minds, how can you accept that the rulings of your equals and people like you or those below you who may make mistakes and indeed their mistakes are more than their correctness by far, rather there is no correctness in their rulings except what is taken from the ruling of Allah and His Messenger either by text or deduction.

Judge your lives and your blood and your skins and your honour and your families from your wives and your children and your wealth and all your rights and then they leave and refuse to judge you with the ruling of Allah and His Messenger which error does not approach and falsehood does not come to from before or behind, a revelation from the All Wise the All Praised.

Submission and yielding of the people to the ruling of their Lord is submission and yielding to the ruling of the One who created them to worship Him.

Just as the creation does not prostrate except to Allah and does not worship except Him and does not worship the created being, likewise they must not yield or submit or follow except the ruling of the All Wise the All Knowing the All Praised the Most Kind the Most Merciful, not the ruling of the created being who is oppressive and ignorant, whose heart is destroyed by doubts and desires and false ideas and whose soul is taken by heedlessness and hardness and darkness.

It is upon people of intellect to rise above that because of the slavery that is in it and the controlling of them with desires and aims and mistakes and errors, as well as it being kufr according to the saying of Allah the Exalted: “And whoever does not judge by what Allah has sent down then they are the disbelievers” (Surah Al Ma’idah 44).

The sixth is what many leaders of tribes and clans among the desert and similar people judge by from the stories of their fathers and grandfathers and their customs which they call their paths.

They inherit that from them and judge by it and force people to go to judgement by it at times of dispute. This is staying upon the rulings of jahiliyyah and turning away and desiring other than the ruling of Allah and His Messenger. There is no power and no strength except with Allah.

As for the second category of the two categories of kufr for the one who judges by other than what Allah has sent down which does not remove from the religion, it has been mentioned before that the explanation of Ibn Abbas for the saying of Allah: “And whoever does not judge by what Allah has sent down then they are the disbelievers” (Surah Al Ma idah 44) includes this category.

That is in his saying: “kufr less than kufr” and in his saying: “not the kufr that you go towards.” That is when his desire and his whim carry him to judge in a case by other than what Allah has sent down while believing that the ruling of Allah and His Messenger is the truth and he admits upon himself that he is wrong and far from guidance.

This even if his kufr does not remove him from the religion is a great sin greater than major sins like adultery and drinking wine and stealing and false oaths.

For a sin that Allah has called kufr is greater than a sin that He has not called kufr. We ask Allah to gather the Muslims upon seeking judgement from His Book with submission and acceptance.”

(Risalah Tahkeem al Qawaaneen in Fataawa wa Rasaail Muhammad ibn Ibraaheem Aal ash Shaykh 12/284-291).

Muhammad al Ameen ash Shanqeeti said: “By these texts from the heavens which we have mentioned, it appears with utmost clarity that those who follow the man made laws which the shaytaan has legislated upon the tongues of his allies, in opposition to what Allah the Most High has legislated upon the tongues of His messengers, peace be upon them, there is no doubt in their kufr and shirk except for one whose insight Allah has blinded and whose inner sight He has darkened from the light of revelation, like them.” (Adwaa al Bayaan 4/109).

Ibn Uthaymeen said: “Those who now implement the laws and leave behind them the Book of Allah and the Sunnah of His Messenger, peace and blessings be upon him, are not believers, due to the saying of Allah the Exalted: But no, by your Lord, they do not believe until they make you judge in that which has arisen between them. (Surah an Nisaa 65).

And because of His saying: And whoever does not judge by what Allah has sent down, then it is those who are the disbelievers. (Surah al Maaidah 44).

These people who implement the laws do not implement them in a specific case where they oppose the Book and the Sunnah due to desire or wrongdoing. Rather, they have replaced the religion with this law and made this law take the place of the Sharia of Allah. This is kufr, even if they pray, fast, give charity and perform pilgrimage.

So do not be surprised if we say that whoever replaces the Sharia of Allah with other laws is a kaafir, even if he fasts and prays, because kufr with part of the Book is kufr with all of the Book.

The Sharia is not divided. Either you believe in it all or you disbelieve in it all. If you believe in some of it and disbelieve in some of it, then you are a kaafir in all of it, because your state shows that you do not believe except in what does not oppose your desire, and as for what opposes your desire you do not believe in it. This is kufr. By that you have followed desire and taken your desire as a god instead of Allah.

The conclusion is that this matter is extremely serious, from the most serious things regarding the rulers of the Muslims today. They have set down laws that contradict the Sharia and they know the Sharia, but they have set them down, and refuge is with Allah, following the enemies of Allah from the disbelievers who made these laws and the people have followed them. They do not return to the Book of Allah or to the Sunnah of the Messenger of Allah, peace and blessings be upon him.

So where is Islam. Where is faith. Where is the belief in the message of Muhammad, peace and blessings be upon him, that he is a messenger to all people. Where is the belief in the universality of his message and that it is general in every matter. Many ignorant people think that the Sharia is specific to worship between you and Allah the Mighty and Majestic only, or to personal matters such as marriage, inheritance and the like. They are mistaken in this idea. The Sharia is general in every matter.” (Sharh Riyaad As Saliheen by Ibn Uthaymeen 2/261-262)