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Faizah · **Re: Ruling by Other than What Allaah Revealed -** 02-17-2008

Narrations From The Scholars on Ruling By Other Than What Allaah Revealed

Ibn taymiyah said:

'"and whoever does not judge by what Allaah has revealed, they are the disbelivers (5:44)"-meaning that it is the one who declares ruling by other than what Allaah has revealed to be lawfull (man istihalla)." (majmoo al fataawa 3/267)

Shaykhul-Islaam Ibn Taymiyyah (rahimahullaah) said: “And this was the state of An-Najaashi, (ruler of Habashi). Even though he was the king of the Christians his people did not follow him in accepting Islam. Rather only a number of them accepted Islam with him, and for this, when he died there was no one to pray over him. So the Prophet (sallallaahu alayhi wa sallam) prayed over him in Medina. He went out with the Muslims to the musalla and arranged them in rows and prayed over him and informed them of the death the day he died. He (sallallaahu alayhi wa sallam) said: "Verily a righteous brother of yours from the people of Al-Habashi has died." And many of the outwardly manifested pillars of Islam or most of them, he did not establish upon his people because of his weakness in that. So he did not do hijrah, nor did he fight jihaad, nor did he perform the hajj.

It has even been narrated that he did not even establish his five daily prayers, and he did not fast in Ramadaan, neither did he pay the legislated Zakaat (all of these are obligatory actions), because that would have made apparent to his people and they would have disapproved of it opposing him, and it was not possible for him to differ with them. We know definitely that it was not possible for him to judge between his people with the Qur'aan even though Allaah had made it an obligation upon the Prophet (sallallaahu alayhi wa sallam) in Medina, that if the people of the book came to him, then he should not judge between them except with what Allaah has revealed to him..” [Minhaaj as Sunnah 5/112-113]

'Allaamah Ibn al-Qayyim (d. 751H) said: "And it is correct that judging by other than what Allaah has revealed is both types of kufr (disbelief) - kufr asghar (the minor disbelief) and kufr akbar (the major disbelief) - and [which of the two it is] depends on the condition of the ruler. If he believes in the obligation of judging by what Allaah has revealed in this situation but turned away from it - out of disobedience - and while acknowledging that he is deserving of punishment then this is kufr asghar. And if he believes that it is not obligatory and that he has a choice in the matter - along with his firm belief that it is the judgement of Allaah - then this is kufr akbar - and if was ignorant in the matter or made an error then he is one who errs (mukhtee’) and his ruling is as the same for those who err. [Madaarij us-Saalikeen 1/337]

Shaikh Abdur-Rahmaan as-Sa’dee (d. 1376H) said: "Judging by other than what Allaah has revealed is among the actions of the People of Disbelief - and it can also take one outside of the religion. And that is when he believes in its legality and its permissibility. And it can sometimes be one of the major sins and from the actions of disbelief - the one who is guilty of it will receive a heavy punishment - and He said: "And whoever does not judge by what Allaah has revealed, then they are the wrongdoers (dhaalimoon)." Ibn Abbaas said: "Kufr less than kufr and dhulm less than dhulm and fisq less than fisq. It is dhulm akbar when it is declared permissible but it is a great sin when it is done without declaring it permissible." [Tayseer al-Kareem ar-Rahmaan 2/296-297]

Imaam Ibn al-Jawzee (d. 596H) said: "And the decisive speech in this regard is that whoever does not judge by what Allaah has revealed - while rejecting it [in belief] {jahahda) and he knows that it is Allaah who revealed it - as the Jews did - then he is a disbeliever. And whoever does not judge by what Allaah has revealed - inclining to his desires without rejecting it [in belief] then he is a dhaalim, faasiq and it has been reported from Alee bin Abu Talhah from Ibn Abbaas that he said: "Whoever rejects (jahada) what Allaah has revealed then he has disbelieved, and whoever affirms it (aqarra bihi) but does not judge by it - then he is a dhaalim, a faasiq." [Zaad al-Maysir 2/366]

Shaikh Muhammad Ameen ash-Shanqeetee (d. 1393H) said: "Know that the liberating stance in this topic is that kufr, dhulm and fisq, all of them can be used in the legislation with the intent of ‘disobedience’ at one time and with the intent of ‘kufr that ejects from the religion another time’. And whoever does not judge by what Allaah has revealed, turning away and contradicting the Messenger (sallallaahu alayhi wasallam) and nullifying the rulings (ahkaam) of Allaah, then his dhulm, fisq, and kufr - all of them are disbelief that eject from the religion. And whoever does not judge by what Allaah has revealed, whilst believing that he is committing a forbidden action and doing a reprehensible action, then his kufr, dhulm and fisq does not eject him from the religion. [Adwaa al-Bayaan 2/104]

Imaam ibn Abee Izz al-Hanafee (d. 792H) said: "And there is a matter which it is necessary to comprehend well - that ruling by other than what Allaah has revealed can sometimes be kufr that ejects from the religion and sometimes a major or minor sin - or it can be ‘metaphorical kufr’ (kufran majaaziyyan) or ‘minor kufr’ - and this is in accordance with the state of the ruler. If he believes that ruling by other than what Allaah has revealed is not waajib and that he has a choice in the matter - or if he disdains/despises it - while having conviction that it is the rule of Allaah, then this is the major kufr. And if he believes in the obligation to rule by what Allaah has revealed and in this [particular] incident [he knows it to be the rule of Allaah] but he turns away from it - whilst acknowledging that he deserves punishment then he is a disobedient person and he is termed a disbeliever with the metaphorical type of kufr or the minor type of kufr. [Sharh Aqeedat it-Tahaawiyyah p. 363]

And the Imaam and Mujaddid, Shaikh Muhammad bin Abdul Wahhaab (d. 1206H) said: "Know that those things which eject from the religion (nawaaqid) are then in number: …Whoever believes (i’taqada 0that a guidance other than that of the Prophet (sallallaahu alayhi wasallam) is more perfect or that the judgement other than his is better - such as the one who gives preference to the hukm of the tawaagheet - then such a one is a disbeliever…" [Mu’allifaat Ash-Shaikh al-Imaam Muhammad bin Abdul-Wahhaab - al-Qismul-Awwal]

Imaam Al Qurtubee (rahimahullaah) said: "So just as the kaafir does not become a believer except by choosing imaan over kufr, then likewise a believer does not become a kaafir through something by which he did not intend kufr nor choose it. There is ijmaa upon this.” [Tafseer Ul-Qurtabi 7/6128]

Imaam At-Tahaawi (rahimahullaah) also said: “And we do not pronounce takfeer upon anyone from the people of Qibla by these sins, as long as they do not make them halaal, and we do not say that one who sins his imaan is not harmed.” Sharhul Aqeedatut-Tahaawiyyah p-316 (This is also a refutation of the Murjia whom the people of the Sunnah are accused of being)

The saying of Al-Qurtubee (rahimahullaah): “And Ibn Masood, and Al-Hassan said: “It is general for everyone that does not judge by what Allaah has revealed. Meaning, believing in that, and making that halaal.” [Al Jaami le Ahkaam al Quraan 6/190] And As-Su’oodee and Ibraheem An-Nakhee said similar. [See Tafseer At-Tabari 10/356-357]

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1) ibn Jareer at-Tabaree narrates (10/355/12053) with a saheeh isnaad from ibn Abbaas that he said about the verse, “whosoever does not rule by what Allaah revealed then they are kaafir”, “meaning kufr, but not kufr in Allaah and His Angels and Books and Messengers”

2) And in a narration from him about this verse, “it is not the kufr that they (i.e. the Khawaarij) believe, indeed it is not the kufr that ejects one from the religion, it is kufr less than kufr.”

3) And in another narration from him via the route of Alee bin Abu Talha from ibn Abbaas that he said, “the one who rejects what Allaah revealed is a kaafir, and the one who believes in it but does not rule by it is a dhaalim faasiq.”

Reported by ibn Jareer (12063). I say: ibn Abee Talha did not hear from ibn Abbaas, but the narration is good as a witness.

4) Then he (ibn Jareer) reports (12048-12051) from Ataa bin Abee Rabaah about the three verses, “kufr less than kufr, fisq less than fisq, dhulm less than dhulm.” And it’s isnaad is saheeh.

5) Then he reports (12052) from Sa’eed al-Makki from Tawoos about the verse, “it is not the kufr that ejects one from the religion”

And its isnaad is saheeh. And this Sa’eed is ibn Ziyaad ash-Shaybaanee al-Makki, and ibn Ma’een and al-Ijlee and ibn Hibbaan and others declared him trustworthy, and a group narrate from him.

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Faizah Min Ahlil Hadeeth Status: Offline Posts: 7,291 Reputation: 28719 Rep Power: 62 Join Date: Jul 2005 Location: ~ Daar as-Sa'aadah ~ Gender: Way of Life: Muslim	Re: Ruling by Other than What Allaah Revealed - 02-17-2008 Narrations From The Scholars on Ruling By Other Than What Allaah Revealed Ibn taymiyah said: '"and whoever does not judge by what Allaah has revealed, they are the disbelivers (5:44)"-meaning that it is the one who declares ruling by other than what Allaah has revealed to be lawfull (man istihalla)." (majmoo al fataawa 3/267) Shaykhul-Islaam Ibn Taymiyyah (rahimahullaah) said: “And this was the state of An-Najaashi, (ruler of Habashi). Even though he was the king of the Christians his people did not follow him in accepting Islam. Rather only a number of them accepted Islam with him, and for this, when he died there was no one to pray over him. So the Prophet (sallallaahu alayhi wa sallam) prayed over him in Medina. He went out with the Muslims to the musalla and arranged them in rows and prayed over him and informed them of the death the day he died. He (sallallaahu alayhi wa sallam) said: "Verily a righteous brother of yours from the people of Al-Habashi has died." And many of the outwardly manifested pillars of Islam or most of them, he did not establish upon his people because of his weakness in that. So he did not do hijrah, nor did he fight jihaad, nor did he perform the hajj. It has even been narrated that he did not even establish his five daily prayers, and he did not fast in Ramadaan, neither did he pay the legislated Zakaat (all of these are obligatory actions), because that would have made apparent to his people and they would have disapproved of it opposing him, and it was not possible for him to differ with them. We know definitely that it was not possible for him to judge between his people with the Qur'aan even though Allaah had made it an obligation upon the Prophet (sallallaahu alayhi wa sallam) in Medina, that if the people of the book came to him, then he should not judge between them except with what Allaah has revealed to him..” [Minhaaj as Sunnah 5/112-113] 'Allaamah Ibn al-Qayyim (d. 751H) said: "And it is correct that judging by other than what Allaah has revealed is both types of kufr (disbelief) - kufr asghar (the minor disbelief) and kufr akbar (the major disbelief) - and [which of the two it is] depends on the condition of the ruler. If he believes in the obligation of judging by what Allaah has revealed in this situation but turned away from it - out of disobedience - and while acknowledging that he is deserving of punishment then this is kufr asghar. And if he believes that it is not obligatory and that he has a choice in the matter - along with his firm belief that it is the judgement of Allaah - then this is kufr akbar - and if was ignorant in the matter or made an error then he is one who errs (mukhtee’) and his ruling is as the same for those who err. [Madaarij us-Saalikeen 1/337] Shaikh Abdur-Rahmaan as-Sa’dee (d. 1376H) said: "Judging by other than what Allaah has revealed is among the actions of the People of Disbelief - and it can also take one outside of the religion. And that is when he believes in its legality and its permissibility. And it can sometimes be one of the major sins and from the actions of disbelief - the one who is guilty of it will receive a heavy punishment - and He said: "And whoever does not judge by what Allaah has revealed, then they are the wrongdoers (dhaalimoon)." Ibn Abbaas said: "Kufr less than kufr and dhulm less than dhulm and fisq less than fisq. It is dhulm akbar when it is declared permissible but it is a great sin when it is done without declaring it permissible." [Tayseer al-Kareem ar-Rahmaan 2/296-297] Imaam Ibn al-Jawzee (d. 596H) said: "And the decisive speech in this regard is that whoever does not judge by what Allaah has revealed - while rejecting it [in belief] {jahahda) and he knows that it is Allaah who revealed it - as the Jews did - then he is a disbeliever. And whoever does not judge by what Allaah has revealed - inclining to his desires without rejecting it [in belief] then he is a dhaalim, faasiq and it has been reported from Alee bin Abu Talhah from Ibn Abbaas that he said: "Whoever rejects (jahada) what Allaah has revealed then he has disbelieved, and whoever affirms it (aqarra bihi) but does not judge by it - then he is a dhaalim, a faasiq." [Zaad al-Maysir 2/366] Shaikh Muhammad Ameen ash-Shanqeetee (d. 1393H) said: "Know that the liberating stance in this topic is that kufr, dhulm and fisq, all of them can be used in the legislation with the intent of ‘disobedience’ at one time and with the intent of ‘kufr that ejects from the religion another time’. And whoever does not judge by what Allaah has revealed, turning away and contradicting the Messenger (sallallaahu alayhi wasallam) and nullifying the rulings (ahkaam) of Allaah, then his dhulm, fisq, and kufr - all of them are disbelief that eject from the religion. And whoever does not judge by what Allaah has revealed, whilst believing that he is committing a forbidden action and doing a reprehensible action, then his kufr, dhulm and fisq does not eject him from the religion. [Adwaa al-Bayaan 2/104] Imaam ibn Abee Izz al-Hanafee (d. 792H) said: "And there is a matter which it is necessary to comprehend well - that ruling by other than what Allaah has revealed can sometimes be kufr that ejects from the religion and sometimes a major or minor sin - or it can be ‘metaphorical kufr’ (kufran majaaziyyan) or ‘minor kufr’ - and this is in accordance with the state of the ruler. If he believes that ruling by other than what Allaah has revealed is not waajib and that he has a choice in the matter - or if he disdains/despises it - while having conviction that it is the rule of Allaah, then this is the major kufr. And if he believes in the obligation to rule by what Allaah has revealed and in this [particular] incident [he knows it to be the rule of Allaah] but he turns away from it - whilst acknowledging that he deserves punishment then he is a disobedient person and he is termed a disbeliever with the metaphorical type of kufr or the minor type of kufr. [Sharh Aqeedat it-Tahaawiyyah p. 363] And the Imaam and Mujaddid, Shaikh Muhammad bin Abdul Wahhaab (d. 1206H) said: "Know that those things which eject from the religion (nawaaqid) are then in number: …Whoever believes (i’taqada 0that a guidance other than that of the Prophet (sallallaahu alayhi wasallam) is more perfect or that the judgement other than his is better - such as the one who gives preference to the hukm of the tawaagheet - then such a one is a disbeliever…" [Mu’allifaat Ash-Shaikh al-Imaam Muhammad bin Abdul-Wahhaab - al-Qismul-Awwal] Imaam Al Qurtubee (rahimahullaah) said: "So just as the kaafir does not become a believer except by choosing imaan over kufr, then likewise a believer does not become a kaafir through something by which he did not intend kufr nor choose it. There is ijmaa upon this.” [Tafseer Ul-Qurtabi 7/6128] Imaam At-Tahaawi (rahimahullaah) also said: “And we do not pronounce takfeer upon anyone from the people of Qibla by these sins, as long as they do not make them halaal, and we do not say that one who sins his imaan is not harmed.” Sharhul Aqeedatut-Tahaawiyyah p-316 (This is also a refutation of the Murjia whom the people of the Sunnah are accused of being) The saying of Al-Qurtubee (rahimahullaah): “And Ibn Masood, and Al-Hassan said: “It is general for everyone that does not judge by what Allaah has revealed. Meaning, believing in that, and making that halaal.” [Al Jaami le Ahkaam al Quraan 6/190] And As-Su’oodee and Ibraheem An-Nakhee said similar. [See Tafseer At-Tabari 10/356-357] ------------------------------------------------------------------------------------------------- 1) ibn Jareer at-Tabaree narrates (10/355/12053) with a saheeh isnaad from ibn Abbaas that he said about the verse, “whosoever does not rule by what Allaah revealed then they are kaafir”, “meaning kufr, but not kufr in Allaah and His Angels and Books and Messengers” 2) And in a narration from him about this verse, “it is not the kufr that they (i.e. the Khawaarij) believe, indeed it is not the kufr that ejects one from the religion, it is kufr less than kufr.” 3) And in another narration from him via the route of Alee bin Abu Talha from ibn Abbaas that he said, “the one who rejects what Allaah revealed is a kaafir, and the one who believes in it but does not rule by it is a dhaalim faasiq.” Reported by ibn Jareer (12063). I say: ibn Abee Talha did not hear from ibn Abbaas, but the narration is good as a witness. 4) Then he (ibn Jareer) reports (12048-12051) from Ataa bin Abee Rabaah about the three verses, “kufr less than kufr, fisq less than fisq, dhulm less than dhulm.” And it’s isnaad is saheeh. 5) Then he reports (12052) from Sa’eed al-Makki from Tawoos about the verse, “it is not the kufr that ejects one from the religion” And its isnaad is saheeh. And this Sa’eed is ibn Ziyaad ash-Shaybaanee al-Makki, and ibn Ma’een and al-Ijlee and ibn Hibbaan and others declared him trustworthy, and a group narrate from him.