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Topic: Shaykh Al 'Uthaymeen - Ruling by Other than What Allaah has Revealed
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Zayd Abu Ubayd
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Shaykh Al 'Uthaymeen - Ruling by Other than What Allaah has Revealed
As it is said, "If the day cannot conceal you, the night never will"
Shaykh Muhamman Ibn Saalih Al 'Uthaymeen clearly outlines with clarity and explanation the types of people when it comes to ruling by other than what Allaah has revealed.
He shows that at times it can be kufr (disbelief), or at times fisq (sin) , or at times (dhulm) opression, all depending on the situation of the person.
It brings to light the truth regarding this matter, and washes away the confusion and deceptions of those who have lied upon the shaykh. Those who take parts of his words and made ruling by other than what Allaah has realvaeld to be absolute kufr (disbelief) based upon their vain desire. They are those who hold onto a splinter of wood trying to stay afloat in the ocean.
Listen the audio:CLICK HERE
Shaykh Al 'Uthaymeen- Kufr Duna Kufr
Shaykh Al 'Uthaymeen rahimahullaah, explains that those afflicted with the fitnah of takfeer, have, based upon their desire, rejected the tafseer of ibn 'abaas (may Allaah be pleased with him) "kufr duna kufr".
But those great scholars of the past such as Ibn Taymiyah and Ibnul Qayyim rahimahumullah whom are more knowledgeable than them have accepted it.
So who are these little ones to reject it in our times?
Original Text of Shaykh Al 'Uthaymeen:
لكن لما كان هذا لا يرضي هؤلاء المفتونين بالتكفير، صاروا يقولون: هذا الأثر غير مقبول، ولا يصح عن ابن عباس، فيقال لهم: كيف لا يصح وقد تلقاه من هو أكبر منكم وأفضل وأعلم بالحديث، وتقولون لا نقبل !!؟
فيكفينا أن علماء جهابذة كشيخ الإسلام ابن تيمية وابن القيم وغيرهما تلقوه بالقبول، ويتكلمون به وينقلونه، فالأثر صحيح.
See the explanation:[url=http://www.youtube.com/user/Abdullah122#p/u/16/GaTLqtJ4ClY]CLICK HERE[/url]
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Shaikh Ibn Uthaimeen on Takfir, Secular Laws and General Legislation
Source: Cassette Recording Dated 22nd Rabee al-Awwal 1420H
Read the article:[url=http://spubs.com/sps/downloads/pdf/MNJ050017.pdf]CLICK HERE[/url]
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Zayd Abu Ubayd
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Those who rule by man-made laws
Shaykhn Saalih bin Fawzann al-Fawzaan(hafidhahullaah)
Question:
May Allah show goodness to you o virtuous shaykh,of the most difficult issues which has been problematic for the youth,or some of the youth,(is the issue) for example of ruling by man-made laws.We request clarity in regards to this.
Answer from shaykh Fawzaan (hafidhahullaah):
The Ulama have clarified this,and the closest thing(to being correct) is the tafseer of Ibn Katheer wherein it is stated that the one who rules by other than what Allah has revealed then if he views that as being better than the Books of Allah,or that his rule is better than the rule of Allah,or that ruling by other than what Allah has revealed is the same as the rule of Allah or that the he has a choise to rule by what Allah has revealed or not based on choise-then such an individual is judged with Kufer.There is no doubt that such an individual is a disbeliver according to the Ijmaa'.As for the individual who believes that the rule of Allah is the truth and that the man-made law is Baatil but he rules by it due to desire(hawaa) or due to a temptation(tama'a) that has overcome him-then such an individual is sinful and a transgressor(dhaalim wa faasiq) yet is not judged with Kufr.This because he believes that the rule of Allah is obligatory and ruling by other than it is Baatil but has done it in order to obtain a career or due to a temptation.In this instance his Aqeedah remains,as he still has his belief in the Book of Allah and that it is the truth and has to be ruled by,then in this case his Aqeedah remains.Such an individual is judged to be sinful and not judged with having kufr because this is Kufr 'Amali(Kufr of actions,Kufr less than Kufr).
Source:Session question-answer of the lecture "Takfir:Between excess and neglect" delivered at Masjid ar-Raajihee in Hayy ul-Jazeerah,Riyadh,KSA dated 10/10/1428 AH (21/10/2007 CE)
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Shaykh Saalih al-Fawzaan on Ruling by the Secular Laws and a Rebuttal of the People of Takfir
Read the article:CLICK HERE
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Shaykh Saleh al-Fawzaan-Ruling by Allaah's Law
Source:Kitab at-Tahweed, Chapter 6
Read the article here:
http://www.salafitalk.net/st/viewmessages.cfm?Forum=8&Topic=471
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Zayd Abu Ubayd
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Posts: 795
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Shaykh Abdul-Aziz ar-Raajihee on Secular Laws and Abolishing the Entire Sharee'ah
Shaykh Abdul-Aziz ar-Rajihee, in his commentary upon "Nawaaqid ul-Islaam" of Shaykh ul-Islaam Ibn Abdul-Wahhaab, states in relation to the fourth nullifier:
Read the full article:CLICK HERE
Shaykh Abdul-Azeez ar-Raajihee on Ruling By Other Than What Allaah Revealed and The Secular Laws:
Read the article:[url=http://www.themadkhalis.com/md/articles/hcjdf-shaykh-abdul-azeez-ar-raajihee-on-ruling-by-other-than-what-allaah-revealed-and-the-secular-laws.cfm]CLICK HERE[/url]
Shaykh Abdul-Azeez ar-Raajihee on Ruling by the Secular Laws and Altering the Entire Religion (Deen):
Read the article:[url=http://www.themadkhalis.com/md/articles/tlafh-shaykh-abdul-azeez-ar-raajihee-on-ruling-by-the-secular-laws-and-altering-the-entire-religion-deen.cfm]CLICK HERE[/url]
Explanation of the Ten Nullifiers: Believing That Other than the Guidance of the Prophet is Better
Author: Shaykh Abdul-Azeez ar-Raajihee
Source: Explanation of the Ten Nullifiers
Read the article:[url=http://spubs.com/sps/downloads/pdf/MNJ050021.pdf]CLICK HERE[/url]
Shaykh Abdul-Azeez ar-Raajihee on Secular Laws, Changing the Whole of the Deen, and the Accusation of Irjaa' Against Ahl us-Sunnah
Author: Shaykh Abdul-Azeez ar-Raajihee
Source: Cassette Recordings
Read the article:[url=http://spubs.com/sps/downloads/pdf/MNJ050019.pdf]CLICK HERE[/url]
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Imaam ash-Shanqeetee on Ruling by the Secular Laws:
Read the article:[url=http://www.themadkhalis.com/md/articles/fofmh-imaam-ash-shanqeetee-on-ruling-by-the-secular-laws.cfm]CLICK HERE[/url]
Impaling Leninist Qutbi Doubts: Shaykh Ibn Jibreen on What is Manifest Clear Kufr and Ruling With the Secular Laws:
Read the article:[url=http://www.themadkhalis.com/md/articles/umssw-shaykh-ibn-jibreen-on-what-is-manifest-clear-kufr-and-ruling-with-the-secular--laws.cfm]KLIK HERE[/url]
Concerning Ali al-Timimi on the Rulers Who Rule by Secular Laws and the Qutbi Accusation of Irjaa' Against the Imaams of the Sunnah:
Read the article:[url=http://www.takfiris.com/takfir/articles/wurdh-ali-al-timimi-on-the-rulers-who-rule-by-secular-laws.cfm]CLICK HERE[/url]
Ali al-Timimi on Secular Laws, the Saudi Government, Takfir and Deviant Philosophies of Jihaad:
Read the article:[url=http://www.takfiris.com/takfir/articles/ihnep-ali-al-timimi-on-secular-laws-the-saudi-government-and-takfir.cfm]CLICK HERE[/url]
Shaykh Hammaad al-Ansaaree, Shaykh Saalih al-Fawzaan, Shaykh Abdul-Azeez ar-Raajihee on the Saudi State And Its Dissenters
Read the article:[url=http://www.themadkhalis.com/md/articles/qawut-shaykh-hammaad-al-ansaaree-shaykh-saalih-al-fawzaan-shaykh-abdul-azeez-ar-raajihee-on-the-saudi-state-and-its-dissenters.cfm]CLICK HERE[/url]
A Clarification Concerning the Issue of Taqneen
Author: Abu Umar al-Utaybee
Source: Trans. Spubs.Com
Read the article:[url=http://spubs.com/sps/downloads/pdf/MNJ050020.pdf]CLICK HERE[/url]
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Zayd Abu Ubayd
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Posts: 795
Joined: Oct 2008
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Ibn al-Qayyim on the Types of Kufr and Ruling by Other than What Allaah has Revealed
Chapter: About the Impurities that need to be Repented from:
Disbelief:
And as for kufr it is of two types:
Kufr akbar (major kufr) and kufr asghar (minor kufr).
So kufr akbar - this necessitates eternity in the Hellfire.
And the (kufr) asghar: Necessitates the fulfilment of the threat (of Hellfire) without eternally abiding in it. As occurs in the saying of the Exalted - and it used to be from what was recited and then it was abrogated :
"And do not detest/hate your fathers, for that is disbelief from you"
and his (sallallaahu alaihi wasallam) saying in the hadeeth:
"There are two matters in my ummah, by which (my) Ummah falls into kufr: Reviling the genealogy and wailing/lamenting (over the dead)"
And his saying in the Sunan:
"Whoever comes to a women from her anus has disbelieved in what was revealed upon Muhammad" and in another hadeeth: "Whoever comes to a sorcerer or a diviner and believes in what he says has disbelieved in what Allaah revealed upon Muhammad"
and his saying
"Do not become disbelievers after me, striking the necks of one another".
And this is the explanation of Ibn ıAbbaas and the generality of the Companions regarding the speech of Allaah:
And whoever does not judge by what Allaah has revealed, then they are the disbelievers (5:44)
Ibn Abbaas said: "It is not the kufr that takes one out of the religion. Rather when he does it then it is [an act of] disbelief, and he is not like the one who disbelieves in Allaah and the Last Day" and Taawoos said the same and Ataa said: "It is disbelief less than disbelief, oppression less than oppression and rebellion less than rebellion"
And amongst them are those who interpreted the verse to mean the one who abandons the rule of Allaah while opposing and rejecting it (jahidan lahu) and this is the saying of Ikrimah! And this is a defective saying, since just the mere denial (juhud) of it is disbelief, regardless of whether he ruled by it or not.
And amongst them are those who explained it to mean abandoning ruling by all of what Allaah revealed, he said, and who enters into this the judgement of Tawhid and Islam! This is the interpretation of Abdul-Aziz al-Kinani, and this too is far from what is correct!! Since the threat (contained in the verse) is for the negation of ruling by the revealed legislation, and this can apply to abandoning all of the legislation of just some of it.
And amongst them are those who explained it to mean to rule in opposition to the text, deliberately, without being ignorant of it and nor due to error in understanding or interpreting it. Al-Baghawee quoted this from the scholars generally.
And amongst them are those explained to refer to the Ahl ul-Kitaab. And this is the saying of Qataadah, Dahhaak and others. And this is far (from what is correct) - and it is in opposition to the apparent wording - so it is not to be inclined towards.
And amongst them are those who explained it to mean the kufr that takes one out of the religion!
And what is correct is 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 n 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 (iıtaqada) 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 he was ignorant in the matter or made an error then he is one who errs (mukhteeı) and his ruling is as the same for those who err (i.e. one reward).
And the intent here is: That sins, all of them are of the minor form of kufr (kufr asghar). For they are the opposite of gratefulness - which is to act in obedience to Allaah. And the striving (of a person), either it constitutes gratefulness (shukr) or disbelief (kufr), or a third matter which is neither this or that (i.e gratefulness or disbelief), and Allaah knows best.
Chapter:
And as for the Major Kufr (kufr akbar) - then it is of five types :Kufr of takdheeb (rejection), kufr due to arrogance and pride whilst one acknowledges the truth (tasdeeq), kufr of Iıraad (turning away), kufr of shakk (doubts) and kufr of nifaaq (hypocrisy).
1. So the kufr of takdheeb - it is belief in the falsehood of the Messengers, and this type is not very common amongst the Kuffar, since Allaah the Most High has strengthened His Messengers and granted them such evidences and signs to establish their truthfulness that would be sufficient to establish a decisive proof, and (by which) any excuse would be finished. Allaah the Most High said about Firıaun and his people "And they belied them (those Ayıt) wrongfully and arrogantly, though their ownselves were convinced thereof (of their truthfulness)" (27:14)
2. The kufr of istikbaar and ibaaı (arrogance and pride) - then that is like the kufr of Iblees for the did not deny/rejct the command of Allaah and he did not face it with rejection. But he responded to it with arrogance and pride - and from this comes the disbelief of the one who knows the truth of the Messenger and that he has come with the truth from Allaah, but he did not comply with it due to arrogance and pride. And this mainly, is the kufr of the enemies of the Messengers as Allaah the Exalted quotes from Firıaun and his people: "Shall we believe in two men like ourselves, whilst their people are enslaved to us?" (23:47) and the saying of the various nations to their messengers "You are but men like ourselves" (14:10) and His saying "Thamud rejected (their Prophet) through transgression" (91:11), this is the kufr of the Jews, as the Most High has said, "And when that which they knew full well came to them (i.e. the Book of Allaah), they rejected it" (2:89) and he said "They know him (the Messenger) just like they know their own sons" (6:20), and this is like the kufr of Abu Taalib also who believed in him (the Messenger) and did not have doubt in his truthfulness but fanaticism overtook him and the aggrandisement of his forefathers, that he should not leave their religion and testify to their disbelief.
3. And as for the kufr of Iıraad (turning away) - then that is to turn away with ones hearing and his heart, away from the Messenger - not believing in him and not rejecting him - not allying with him and nor showing enmity towards him - and never paying attention to that which he came with as one of the Banu Abd Yaaleel said to the Prophet (sallallaahu alayhi wasallam) "By Allaah, I will say to you a word: If you are truthful, then you are too great in my eyes that I should reply to you, and if you are lying, then you are more despicable than that I should (even) talk to you .
4. And as for the kufr of shaqq (doubt) - then that is when one is not certain of his (the Messengerıs) truthfulness and he does not disbelieve in him - but he has a doubt. And this doubt of his will not continue unless he deliberately turns away from looking into the signs (ayaat) related to the truthfulness of the Messenger (sallallaahu alayhi wasallam) in general, such that he does not hear them and does not turn to them. But if he was to turn to them and look at them then no doubt would remain with him, since they (the ayaat) necessitate truthfulness, especially the sum total of them. This is because their indication of truthfulness is like the indication of the presence of the sun, that it is day.
5. And as for the kufr of nifaaq (hypocrisy) - then that is when he manifests eemaan upon his tongue and rejection is concealed in his heart and this is the greater hypocrisy and an explanation of its types will come later inshaaıallaah taıaalaaı
Chapter:
And the kufr of juhood (rejection/denial) is of two types: absolute (mutlaq) and restricted (muqayyid, khass).
The absolute one is: that he rejects the sum of what Allaah has revealed and His sending of the Messengers.
And the restricted and specific: that he rejects/denies an obligation from the obligations of Islaam, or one of the forbidden actions, or an Attribute that He has described Himself with or something about which He informed - deliberately - or giving preference to the saying of one who opposes it for whatever objective that might be. But as for the denial of that due to ignorance, or a faulty interpretation, then a person is excused for this and he does not become a disbeliever by it. This is like the hadith of the one who denied Allaahıs qudrah over him and ordered his family to cremate him and to scatter his ashes. Despite this, Allaah forgave him and had mercy upon Him, since he was ignorant, since that which he did was in accordance to the limits of his knowledge, and he did not deny the qudrah of Allaah out of wilful opposition or denial (takdhib).
Author: Ibn al-Qayyim
Source: Madarij us-Salikin (Vol 1 pp.335-338) (trans. Abu Iyaad)`
Article ID : MNJ050006 [3723]
http://salafipublications.com/sps/
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Shaykh ul-Islaam Ibn Taymiyyah on Shar' Mubaddal and Tabdeel
Read the article:CLCK HERE
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The Saying of Shaikh ul-Islaam, Tabdeel and Genghis Khan : An Insight
Author: SalafiPublications.Com
Read the article:[url=http://spubs.com/sps/downloads/pdf/MNJ050018.pdf]CLICK HERE[/url]
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Zayd Abu Ubayd
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Ruling By Other Than What Allaah Has Revealed
Imam Ibn Baz on the One Who Uses the Fatwa of Muhammad Ibn Ibrahim to Assert Generalised Takfir
Source: Saihatu Nadhir of Shaikh Ali Hasan (pp. 98-99) (trans. Abu Iyaad as-Salafi)
Article ID : MNJ050005 [7014]
And in the Kuwaiti magazine, "al-Furqan", no 28 (p. 16) is the transcript of gathering that took place with the Noble Shaikh `Abdul-`Aziz Bin Baz – rahimahullaah – and he is the student of Shaikh Muhammad bin Ibrahim and the spreader of his knowledge. In this gathering he was asked the following question:
"There is a fatwa of Shaikh Muhammad bin Ibrahim Aal Shaikh – rahimahullaah – which the People of Takfir use to demonstrate that the Shaikh did not differentiate between the one who ruled by other than the Sharee’ah of Allah - `Azza wa Jalla – while he declares this act of his to be permissible (mustihillan), and the one who is not like this (i.e. does not declare his act to be permissible) – (while this) differentiation is well known amongst the Ulamaa."
Shaikh Ibn Baz replied:
"This matter is firmly established with the Ulamaa – as I have mentioned previously – that the one who declares that to be permissible (man istahalla dhalik) then he has disbelieved. As for the one who does not declare that to be permissible, such as the one who judges subject to bribery and similar things, then this is only the minor kufr (kufr doona kufr). And when an Islamic State is established and which has power and capability, then it should struggle against the one who does not judge by what Allaah has revealed until it forces him to do so."
The questioner said, "But they use the fatwa of Shaikh Muhammad bin Ibrahim as evidence?!"
Shaikh Bin Baz replied:
"Muhammad bin Ibrahim is not infallible (ma’soom), he is but a scholar from amongst the scholars, he is sometimes correct and sometimes in error and he is not a Prophet nor a Messenger. Likewise, Shaikh ul-Islaam Ibn Taymiyyah, Ibn al-Qayyim, Ibn Kathir and other scholars. All of them are sometimes correct and they sometimes err. But only what conforms to the truth is taken from their statements and as for what opposes the truth, then it is rejected from the one who said it."
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Zayd Abu Ubayd
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Concerning Those Who Do Not Rule by what Allaah SWT has Revealed
Author: Imaam al-Albani
Source: Silsilah as-Saheehah (vol 6. no.2552)
Article ID : MNJ050002
The reason for the revelation of the verse “the one who does not rule by what Allaah revealed…”, and that it refers to kufr in action not in belief.
2552- Indeed Allaah revealed, “the one who does not rule by what Allaah revealed then they are kaafir”, “they are dhaalim”, “they are faasiq”. Ibn Abbaas said, “Allaah revealed them with regards to two groups from the Jews one of which had overpowered the other to the point that they consented to and agreed that for every person that the victorious tribe (al-Azeeza) killed from the subjugated tribe (adh-Dhaleelah) then the ransom was 50 wasq (a unit of weight), and that for every person the subjugated tribe killed from the victorious then the ransom was 100 wasq, and they remained in this state until the Prophet (sallallaahu `alaihi wasallam) arrived in Madeenah and then both the tribes were subjugated, and that day they did not overcome him because of the peace treaty . Then the subjugated tribe killed a person from the victorious tribe and the victorious tribe sent someone demanding 100 wasq. So the subjugated tribe said: ‘can this ever be that two people have the same religion, same genealogy, same city and the ransom for some of them be half of the others? We only used to give you this ransom due to your injustice to us, and now that Muhammad has come we will not give you this.’ So a war almost started between them and then they agreed to make the Messenger of Allaah (sallallaahu `alaihi wasallam) judge between them. Then the victorious tribe said: ‘by Allaah, Muhammad will not give you twice the sum of what we gave them for they (the subjugated tribe) spoke the truth, they did not give us this ransom except as an injustice on our part and due to our power over them. So secretly send someone to Muhammad who can inform you of his opinion, if he gives you what you wish then agree to have him arbitrate, and if he does not then beware and do not agree to have him arbitrate.’ So they sent some people from the hypocrites to Muhammad. So when the Messenger of Allaah (sallallaahu `alaihi wasallam) came, Allaah informed him of all of their affair and what they desired and He, Azza wa Jall, revealed, “O Messenger! Let not those who hurry into disbelief grieve you, of such who say: ‘we believe’…” to His saying, “then they are faasiq” [5:41-47].” Then he (ibn Abbaas) said, “By Allaah they were revealed with regards to these two (Jewish tribes), and it was these two that Allaah, Azza wa Jall meant (in these verses)”
Related by Ahmad (1/246), at-Tabaraanee in ‘al-Mu’jam al-Kabeer’ (3/95/1) via the route of Abd ar- Rahmaan bin Abee az-Zinaad from his father from Ubaid Allaah bin Abd Allaah bin Utbah ibn Mas’ud from Ibn Abbaas that he said: and mentioned the hadeeth.
And in ‘ad-Durar al-Manthoor’ (2/281), as-Suyutee ascribed the hadeeth to Abu Dawood, ibn Jareer, ibn al-Mundhir, Abu ash-Shaykh, ibn Mardawiyyah from ibn Abbaas. And it is in the tafseer of ibn Jareer (10/352) in this form but he does not mention ibn Abbaas in his isnaad.
And in Abu Dawood (3576) is the (hadeeth relating to the) revelation of the three verses specifically for the Jews of Qareedha and an-Nadeer, contravening what may be understood from the saying of ibn Katheer in his tafseer (6/160) after reporting this long narration from Ahmad, “and Abu Dawood reports something similar from the hadeeth of ibn Abee az-Zinaad from his father.”
And the author of “ar-Rawd al-Baasim fee adh-Dhabb an as-Sunnah Abee al-Qaasim” quotes from him (ibn Katheer) that he declared the isnaad hasan. And I have not seen this in his book ‘at-Tafseer’ so maybe this occurs in his other works.
And declaring this hadeeth hasan is what the principles of this noble science dictate for it revolves around Abd ar-Rahmaan bin Abee az-Zinaad and he is as al-Haafidh (ibn Hajr) said, “truthful, his memorisation changed/failed when he moved to Baghdaad, and he was a faqeeh”
And the saying of al-Haythamee (8/16), “and the likes of it is reported by Ahmad and at-Tabaraanee, and in it is Abd ar-Rahmaan bin Abee az-Zinaad and he is da’eef, and he has been declared trustworthy, and the remaining narrators of Ahmad are trustworthy”.
I say: his saying “da’eef, and he has been declared trustworthy” is not good, because has determined the opinion that he is da’eef to be stronger than the opinion that he is trustworthy. And the truth is that he is in the middle and that he is hasan in hadeeth except when he contradicts (others), and this cannot be derived from his aforementioned saying. And Allaah knows best.
An important benefit:
When you know that the three verses, “whosoever does nor rule by what Allaah revealed then they are kaafir”, “then they are dhaalim”, “then they are faasiq” were revealed with regards to the Jews and their saying over his (sallallaahu `alaihi wasallam) judgement, “if he gives you what you want then agree to have him arbitrate, but if does not then beware and do not agree to have him arbitrate” - this saying which the Qur’aan points to before these verses, “they say: if you are given this then take it, but if you are not given this then beware.”- when you understand this then it is not permissible to take these verses to refer to some of the rulers and judges of the Muslims who rule by other than what Allaah revealed in the earthly laws.
I say: it is not permissible to declare them kaafir due to this, and to eject them from the religion, when they are believers in Allaah and His Messenger, even though they are sinning by ruling by other than what Allaah revealed - this is not permissible. Because even though they are like the Jews from the point of view of their ruling (by other than what Allaah revealed), they differ from the point of view that they have faith and conviction in Allaah contradicting the Jews, for indeed they rejected the Messenger (sallallaahu `alaihi wasallam) as indicated in their previous saying, “but if he does not then beware and do not agree to have him arbitrate.”
And the reason behind this is that kufr is of two types: kufr in belief and kufr in action, and the kufr in belief is linked to the heart, and the kufr in action is linked to the limbs. So the one whose actions are kufr due to their contradicting the Sharee’ah, and this kufr follows on from what has become established in his heart i.e. kufr in belief, then this is the kufr which Allaah will not forgive and this person will reside in the Fire forever. But if (these kufr actions) contradict what is established in his heart, then he is a believer in the Rule of his Lord, but he contradicts this with his actions. So his kufr is kufr of action only, and it is not kufr in belief. And he is under the Will of Allaah, if He Wills He will punish him, and if He Wills He will forgive him. And it is with this (second) type (of kufr) that some of the ahaadeeth are to be understood which generalise the term kufr for a Muslim who performs a sinful action. And it would be good to mention some:
1) “two things if done are kufr: abusing genealogies and wailing over the dead.” Reported by Muslim
2) “Arguing over the Qur’aan is kufr.”
3) “Abusing a Muslim is fisq, and killing him is kufr.” Reported by Muslim
4)
5) “Speaking about the favours of Allaah is giving thanks (shukr), and leaving it is kufr”
6) “do not return to being kaafir after me by some of you hitting the necks of (killing) others.” Agreed upon.
And many other ahaadeeth for which there is no need to go into great detail about at this time. So any Muslim who performs any of these sinful actions, then his kufr is kufr in action i.e. he has done an action of the kuffaar. Except in the case that he sees it (the sin) to be permissible, and does not believe in it’s being a sin, so in this case he would be a kaafir whose blood is lawful because now he has also shared in the belief of the kuffaar.
And ruling by other than the what Allaah revealed is not exempted from this principle, and what is narrated from the salaf supports this, and that is none other than their saying on the tafseer of this verse, “kufr less than kufr” as is authentically reported from the Commentator of the Qur’aan, ibn Abbaas, and then some of the Taabi’een and others learnt this from him. And it is necessary to mention some of them so that maybe they may illuminate the path ahead of those that have been misguided in this dangerous issue, and have taken the road of the Khawaarij who declared people to be kaafir due to their committing sins even though they may pray and fast!
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.”
Narrated by al-Haakim (2/313) and he said “saheeh isnaad” and adh-Dhahabee agreed. And it would have been more deserving of them to say, “saheeh according to the conditions of the two Sheikhs (Bukhaaree and Muslim)” as the isnaad is like this. Then I saw that ibn Katheer said in his tafseer (6/163) from Haakim that he said, “saheeh according to the conditions of the two Sheikhs”, so it is obvious that this statement is omitted in the printed edition of ‘al-Mustadrak”. And ibn Katheer also ascribes the narration, summarised, to ibn Abee Haatim.
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 it’s 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.
6) And he reported (12025, 12026) via two routes of narration from ‘Imraan bin Hadeer who said a group of people from the Banee Umru bin Sadus [and in another narration: a group from the Ibaadiyyah] came to Abu Mazliz (he is from the great trustworthy taabi’een, and his name is Laahiq bin Humaid al-Basree) and said: “do you see the saying of Allaah ‘the one who does not rule by what Allaah reveals then they are kaafir’ is this the truth?” He replied, “yes.” They said: “ ‘the one who does not rule by what Allaah revealed then they are dhaalim’ is this the truth?” He replied, “yes.” They said, “ ‘the one who does not rule by what Allaah revealed then they are faasiq’ is this the truth?” He replied, “yes.” So they said, “O Abu Majliz do these (rulers) rule by what Allaah revealed?” He replied, “this is the religion that they hold to and they call to, so if they leave anything from it they know that they have fallen into sin.” They said, “no by Allaah, but you are afraid and worried.” He said, “you are more deserving of this (description) than me! I do not see this, but you do yet you do not forbid (them from) it. But these verses were revealed with regards to the Jews and Christians and the People of Shirk.” And it’s isnaad is saheeh.
And the scholars differed over the explanation of the kufr that is mentioned in the first verse, having five different opinions which ibn Jareer narrates (10/346-357) with their chains of narration to their proponents. Then he concludes by saying (10/358),
“and the most correct saying of all of these according to me is the saying of the one who says: these verse were revealed with regards to the kuffaar of the People of the Book due to the verses before and after them, and they are the people who are meant in them, and the context of these verses is about them. So it is most deserving that the narrative be about them.
So if someone were to say: indeed Allaah generalised the narrative to all who do not rule by what Allaah revealed, so how can you specify it?
It is said (in reply): Indeed Allaah generalised the narrative to all those who reject the Ruling of Allaah that is laid out in His Book. So He informed us about them that they, by their leaving the Ruling - by way of what they left - are kaafir. And this is the saying on all who do not rule by what Allaah revealed, rejecting it - that he is a kaafir as said by ibn Abbaas. Because his rejecting the ruling of Allaah after he knows it to have been revealed in His Book is the same as his rejecting the Prophethood of the Prophet after he knows him to be a Prophet.”
In conclusion: the verse was revealed with regards to the Jews who rejected what Allaah had revealed, so the one who associates with them in this rejection, then he is a kaafir, with kufr in belief. And the one who does not associate with them in this rejection then his kufr is in action, because he has performed an action of theirs. And he is a sinful criminal (mujrim aathim), but he is not ejected from the religion due to this as has preceded from ibn Abbaas (RA). And al-Imaam Abu Ubaid al-Qaasim bin Sallaam explained this and increased upon this explanation in ‘Kitaab al-Eemaan’, chapter “leaving faith due to sin” (pg. 84- 96 with my tahqeeq), so the one desiring further research should refer to this.
After writing what has preceded I saw ibn Taymiyyah, may Allaah have mercy upon him, saying in the explanation of the verse in his ‘Majmoo al-Fataawaa’ (3/268), “meaning he regards it permissible to rule by other that what Allaah revealed.”
Then he mentioned (7/254) that Imaam Ahmad was questioned about the kufr mentioned in the verse and he replied, “a kufr which does not eject from faith, like having faith in some of it (?), and likewise with kufr. Until there comes a matter over which there is no difference over.”
And he (ibn Taymiyyah) said (7/312), “so when there is the saying of the salaf that man can have faith and hypocrisy in him, then likewise is their saying that he can have faith and kufr (in him). But not the kufr that ejects one from the religion, as was said by ibn Abbaas and his companions over His saying, “the one who does not rule by what Allaah revealed then they are kaafir.” They said: kufr that does not eject one from the religion. And Imaam Ahmad and other Imaams of the Sunnah followed them in this.”
The wording of at-Tabaraanee has, “And the Messenger of Allaah (sallallaahu `alaihi wasallam) did not overcome them or …. On that day as he was in a peace treaty”
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Zayd Abu Ubayd
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Shaikh Ibn Baaz on Ruling by other than Allaah's Law
Alhamdulillaah was salaatu was-salaam ala Rasoolillaah
And Shaikh Abdul-Azeez bin Baaz said: And whoever ruled by other than what Allaah has revealed then he will not be in other than one of four situations:
1. The one who says: "I rule by this because
it is superior to the Sharee'ah of Islaam."
Such a one is a kaafir in the sense of the major
disbelief (i.e ejected from the Religion).
2. The one who says: "I rule by this because it
is like the Sharee'ah of Islaam, so ruling by it is
permissible and ruling by the Sharee'ah is
permissible."
Such a one is a kaafir in the sense of the major
disbelief.
3. The one who says: "I rule by this and ruling
by the Sharee'ah of Islaam is superior but
ruling by other than what Allaah has revealed is
permissible.
Such a one is a kaafir in the sense of the major
disbelief.
4. The one who says: "I rule by this" while he
believes that ruling by other than what Allaah
has revealed is not permissible and who says
that "the Sharee'ah of Islaam is superior and it
is not permissible to rule by other than it" but
he is neglectful, or treats matters lightly, or does
this action due to a reason that proceeds from
his rulers, then he is a disbeliever in the sense
of minor disbelief which does not eject from the
Religion - and it is considered one of the
greatest of major sins.
[Al-Hukmu bi-Ghairi Maa Anzalallaahu wa Usool ut-Takfeer pp. 71/72]
Source: http://www.SalafiPublications.com
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Zayd Abu Ubayd
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Fataawaa of the Permanent Committee for Research and Verdicts, compiled by Shaikh Ahmad bin `Abdur-Razzaq ad-Duwaish, Volume 1 (Aqidah).
Question No. 11 of Fatwa No.5741
Q. The one who does not judge by what Allaah has revealed, is he a Muslim or a Kafir [guilty of] the major kufr and are his actions accepted?
A. All Praise is due to Allaah and prayers and peace upon the His Messenger, his family and his companions. To proceed:
Allaah the Most High said: "And whosoever does not judge by what Allıh has revealed, such are the Kıfirın" (5:44), and He the Most High said, "And whosoever does not judge by that which Allıh has revealed, such are the Zılimın" (5:45) and He the Most High said, "And whosoever does not judge by what Allıh has revealed (then) such (people) are the Fısiqın" (5:47).
However if he declares that to be lawful (istahalla dhalik) and believes it to be permissible (iıtaqadahu jaaıizan), then this is the major kufr, the major fisq and the major dhulm which expels him from the religion. However, if he did this due to a bribe or some other motive while believing in the forbiddance [of this act], then he is considered a disbeliever with the minor kufr, a dhalim with the minor dhulm and a fasiq with the minor fisq which does not expel him from the religion ı as the people of knowledge have explained in the exegesis (tafsir) of the aforementioned verses.
The Permanent Committee for Research and Verdicts
Member
Abdullah bin Ghudayan
Deputy Head
`Abdur-Razzaq `Afifi
Head
`Abdul-`Aziz bin Baz
END
Source: Cassette Lecture of Shaikh Abdus Salaam Burjiss (Translation by `Abu Iyaad as-Salafi)
http://www.spubs.com/
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Zayd Abu Ubayd
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Treatise on Ruling by other than Allaah's Law - 2
Shaikh Muhammad bin Ibrahim said: "The actualisation of the meaning of 'Muhammad is the Messenger (sallallaahu alayhi wasallam) is from judging to his sharee'ah and confining oneself to that - and rejecting whatever is in opposition to that from amongst the rules (qawaaneen) and regulations and all those things for which Allaah has not revealed any authority. ""And the one who judges by them (hakama bihaa) or refers to them (haakama ilaihaa) - for judgement whilst believing in the correctness (sihhah) of that or the permissibility (to judge by them) (jawaaz), then he is a kaafir with the kufr that ejects from the religion. And if he does that without belief (I'tiqaad) in their correctness and (regarding it) permissible to judge by them (jawaaz), then he is a kaafir with the kufr in action, which does not eject from the religion." [Fataawaa Shaikh Ibrahim 10/9]
Imaam Ibn Baz said regarding Imaam al-Albaniıs discourse on Ruling by Other than What Allaah has revealed: "I came across the beneficial, valuable reply which was given by the Eminent Shaikh Muhammad Naasir ud-Deen al-Albaanee - out of his graciousness - may Allaah grant him success in the publication: "Ash-Sharq al-Awsat" and the Magazine "al-Muslimoon" - the one in which he replied to the one who asked him about "performing takfeer of the one who judged by other than what Allaah has revealed without elaborating (upon the matter more fully)" So he replied to it with a word of truth, and has arrived at the truth in it, and has travelled upon the path of the believers by it and has made manifestly clear - may Allaah grant him success - that it is not permissible for anyone amongst the people to declare the one who judged by other than what Allaah has revealed - a disbeliever - merely on account of an action, without his knowledge that this person declared such an act to be permissible with his heart (istihalla dhaalik biqalbihi). And he used evidence for that what has come from Ibn Abbaas (radi Allaahu anhumaa) and others from among the Salaf.
And there is no doubt that the what he has mentioned in his reply regarding the tafseer of the saying of the Exalted - "And whoever does not judge by what Allaah has revealed, they are the kaafiroon", "And whoever does not judge by what Allaah has revealed, they are the dhaalimoon", "And whoever does not judge by what Allaah has revealed, they are the faasiqoon" - that it is the truth. And he has made manifestly clear - may Allaah grant him success - that kufr is of two types - kufr akbar and kufr asghar - just as dhulm is of two types and like fisq is of two types - akbar and asghar. So whoever declares lawful (istahalla) judgement by other than what Allaah has revealed, or declares lawful zinaa, or usury, or other than them from the prohibited things whose prohibition is agreed upon then he has disbelieved with major kufr, and major dhulm and major fisq. And whoever does that without declaring them permissible - then his kufr is kufr asghar and his dhulm is dhulm asghar and likewise with his fisq...." [Ash-Sharq al-Awsat 12/5/1416]
And also the saying of Shaikh bin Baaz, in his comments upon the saying of Shaikh Muhammad bin Abdul Wahhaab - in his Nawaaqid ul-Islaam 'whoever believes that other than the guidance of the Prophet (sallallaahu alayhi wasallam) is more perfect than his guidance....:' So he said:
"Whoever holds the belief (I'taqada) that the systems and laws which people have prescribed are better than the Sharee'ah of Islaam, or that they are equal to it, or that it is permissible (yajooz) to refer to them for judgement...."
... "and entering into this is everyone who holds the belief (I'taqada) that it is permissible (yajooz) to judge by other than the Sharee'ah of Allaah..." [Majmoo' Fataawa wa Maqaalaat Mutanawwa'ah [2/326-330]
{To be continued....}
Source: Cassette Lecture of Shaikh Abdus Salaam Burjiss http://www.spubs.com/
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Zayd Abu Ubayd
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Member
Posts: 795
Joined: Oct 2008
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Fataawaa of the Permanent Committee for Research and Verdicts, compiled by Shaikh Ahmad bin `Abdur-Razzaq ad-Duwaish, Volume 1 (Aqidah).
Question No. 11 of Fatwa No.5741
Q. The one who does not judge by what Allaah has revealed, is he a Muslim or a Kafir [guilty of] the major kufr and are his actions accepted?
A. All Praise is due to Allaah and prayers and peace upon the His Messenger, his family and his companions. To proceed:
Allaah the Most High said: "And whosoever does not judge by what Allıh has revealed, such are the Kıfirın" (5:44), and He the Most High said, "And whosoever does not judge by that which Allıh has revealed, such are the Zılimın" (5:45) and He the Most High said, "And whosoever does not judge by what Allıh has revealed (then) such (people) are the Fısiqın" (5:47).
However if he declares that to be lawful (istahalla dhalik) and believes it to be permissible (iıtaqadahu jaaıizan), then this is the major kufr, the major fisq and the major dhulm which expels him from the religion. However, if he did this due to a bribe or some other motive while believing in the forbiddance [of this act], then he is considered a disbeliever with the minor kufr, a dhalim with the minor dhulm and a fasiq with the minor fisq which does not expel him from the religion ı as the people of knowledge have explained in the exegesis (tafsir) of the aforementioned verses.
The Permanent Committee for Research and Verdicts
Member
Abdullah bin Ghudayan
Deputy Head
`Abdur-Razzaq `Afifi
Head
`Abdul-`Aziz bin Baz
END
Source: Cassette Lecture of Shaikh Abdus Salaam Burjiss
http://www.spubs.com/
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02-02-2010 @ 7:28 PM
