What is the status of ruling by that which Allah has revealed in Islam? Is the one who rules by something other than that which Allah has revealed a kafir?.
Praise be to Allah.
Ruling by that which Allah has revealed is part of Tawhid Ar-Ruboobiyyah (Oneness of the divine Lordship), because it is implementing the ruling of Allah as is implied by acceptance of His Lordship (Ruboobiyyah) and His perfect sovereignty and control. Hence Allah calls those who are followed in a manner contrary to what He has revealed arbaab (lords) of their followers. Allah says (interpretation of the meaning):
They (Jews and Christians) took their rabbis and their monks to be their lords [arbaab] besides Allah (by obeying them in things which they made lawful or unlawful according to their own desires without being ordered by Allah), and (they also took as their Lord) Messiah, son of Maryam (Mary), while they (Jews and Christians) were commanded [in the Tawrat (Torah) and the Injeel (Gospel)] to worship none but One Ilah (God - Allah) Laa ilaha illa Huwa (none has the right to be worshipped but He). Praise and glory be to Him (far above is He) from having the partners they associate (with Him)” [At-Tawbah 9:31]
Allah calls those who are followed “lords” because they are appointed as lawgivers along with Allah, and He calls the followers “slaves” because they submit to them and obey them in going against the ruling of Allah, may He be glorified and exalted.
Adi ibn Hatim said to the Messenger of Allah(peace and blessings of Allah be upon him)But they do not worship them.The Prophet (peace and blessings of Allah be upon him) said: Nay, they forbid to them that which is permissible and they permit to them that which is forbidden, and they follow them; that is how they worship them
Once you understand this, you should realize that with regard to the one who does not rule by that which Allah has revealed and wants rulings to be referred to someone other than Allah and His Messenger, there are verses which state that he has no faith, and verses which state that he is a kafir, zalim (wrongdoer) and fasiq (rebellious evildoer)
As for the first category (i.e. the verses which state that he has no faith):
For example, Allah says (interpretation of the meaning):
“Have you not seen those (hypocrites) who claim that they believe in that which has been sent down to you, and that which was sent down before you, and they wish to go for judgement (in their disputes) to the Taaghoot (false judges) while they have been ordered to reject them. But Shaytan (Satan) wishes to lead them far astray.
61. And when it is said to them: ‘Come to what Allah has sent down and to the Messenger (Muhammad صلى الله عليه وسلم),’ you (Muhammad صلى الله عليه وسلم) see the hypocrites turn away from you (Muhammad صلى الله عليه وسلم) with aversion.
62. How then, when a catastrophe befalls them because of what their hands have sent forth, they come to you swearing by Allah, ‘We meant no more than goodwill and conciliation!’
63. They (hypocrites) are those of whom Allah knows what is in their hearts; so turn aside from them (do not punish them) but admonish them, and speak to them an effective word (i.e. to believe in Allah, worship Him, obey Him, and be afraid of Him) to reach their inner-selves.
64. We sent no Messenger, but to be obeyed by Allah’s Leave. If they (hypocrites), when they had been unjust to themselves, had come to you (Muhammad صلى الله عليه وسلم) and begged Allah’s forgiveness, and the Messenger had begged forgiveness for them, indeed, they would have found Allah All-Forgiving (One Who forgives and accepts repentance), Most Merciful.
65. But no, by your Lord, they can have no Faith, until they make you (O Muhammad صلى الله عليه وسلم) judge in all disputes between them, and find in themselves no resistance against your decisions, and accept (them) with full submission” [An-Nisa’ 4:60-65]
Allah ascribes to these people who claim to have faith when they are hypocrites several characteristics:
1. They want to refer for judgement to al-taaghoot, which is everything that goes against the ruling of Allah and His Messenger (peace and blessings of Allah be upon him), because going against the ruling of Allah and His Messenger is tughyan and transgression against the ruling of the One to Whom belongs judgement and all things return to Him, namely Allah. Allah says (interpretation of the meaning): “Surely, His is the creation and commandment. Blessed is Allah, the Lord of the ‘Aalameen (mankind, jinn and all that exists)!” [al-A’raaf 7:54].
2. If they are called to that which Allah revealed to the Messenger, they refuse and turn away.
3. If a calamity befalls them because of what their hands sent forth, such as being exposed for their wrongdoing, they come swearing that they only meant good will and conciliation, as in the case of those who reject the rule of Islam today and govern according to laws that go against it, claiming that this is good and suited to modern circumstances.
Then Allah warns these people who claim to be believers but who bear these characteristics that He knows what is in their hearts and what they are concealing of things that are different from what they say. And He commands His Prophet to admonish them and speak to them an effective word. Then He explains the wisdom behind sending the Messenger to be the only one who to be obeyed and followed, and no one else, no matter how strong their ideas and how vast their understanding. Then Allah swears by His Lordship to His Messenger, which is the most special kind of Lordship and which points to the truth of His message, confirming that faith cannot be valid except with three things:
1. Referral for judgement in all disputes must be made to the Messenger of Allah (peace and blessings of Allah be upon him).
2. They should open their hearts to his judgement and there should be no objection or resistance to it in their hearts.
3. There must be full submission and acceptance of his ruling and it must be implemented with no hesitation or deviance.
As for the second category (verse which say that he is a kafir, zalim and fasiq):
For example, Allah says (interpretation of the meaning):
“And whosoever does not judge by what Allah has revealed, such are the Kafiroon (i.e. disbelievers - of a lesser degree as they do not act on Allah’s Laws)” [Al-Ma’idah 5:44]
“And whosoever does not judge by that which Allah has revealed, such are the Zalimoon (polytheists and wrongdoers - of a lesser degree)” [al-Ma'idah 5:45]
“And whosoever does not judge by what Allah has revealed (then) such (people) are the Fasiqoon [the rebellious i.e. disobedient (of a lesser degree)] to Allah” [Al-Ma’idah 5:47].
Can these three characteristics be applied to one person, i.e., is the one who does not rule by what Allah has revealed a kafir, zalim and fasiq? Because Allah has described the kafirs as being wrongdoers and evildoers, as He says (interpretation of the meaning): “And it is the disbelievers who are the Zalimoon (wrongdoers)” [al-Baqarah 2:254] and “Certainly they disbelieved in Allah and His Messenger, and died while they were Fasiqoon (rebellious, — disobedient to Allah and His Messenger صلى الله عليه وسلم)” [at-Tawbah 9:84], so every kafir is a wrongdoer and evildoer – or do these characteristics apply to those described only insofar as they do not rule by that which Allah has revealed? The latter is more likely in my view, and Allah knows best.
We say: The one who does not rule by that which Allah has revealed because he regards it as insignificant, or he looks down on it, or he believes that something else is better and more beneficial to people, is a kafir in the sense of being beyond the pale of Islam. Among these are those who promulgate for the people legislation that goes against Islamic laws to be a way by which people live. They only promulgated that legislation which goes against Islamic laws because they believe that it is better for people, because it is well known on the basis of common sense [?] that people do not turn away from one way to another way that is different unless they believe that the one they turned to is better and that the one they turned away from is lacking.
If a person does not rule by that which Allah has revealed, but he does not regard it as insignificant, look down on it or believe that something else is better than it and more beneficial for people, rather he rules by something else by way of wronging those who are under his rule and out of vengeance and so on, then he is a wrongdoer but he is not a kafir, and the level of his wrongdoing varies according to the alternative by which he rules and the means of ruling.
If a person does not rule by that which Allah has revealed, but he does not regard it as insignificant, look down on it or believe that something else is better than it and more beneficial for people, rather he rules by something else so as to fulfill the wish of those who are ruled, or because of a bribe or for some other worldly reason, then he is a fasiq (rebellious evildoer) but he is not a kafir, and the level of his wrongdoing varies according to the alternative by which he rules and the means of ruling.
Shaykhul-Islam Ibn Taymiyah (may Allah have mercy on him) said concerning those who take their rabbis and monks as lords instead of Allah that they are of two types:
1. Those who know that they changed the religion of Allah and they follow them in those changes, and believe in the permissibility of what was forbidden and the prohibition of what Allah has permitted, following their leaders, even though they know that they have gone against the religion of the Messengers. This is kufr and Allah and His Messenger regard it as shirk.
2. Those who believe in the permissibility of what was forbidden and the prohibition of what Allah has permitted, but they obeyed them in disobeying Allah, as the Muslim does when he commits sins that he believes are sins. They come under the same ruling as other sinners. End quote.
Shaykh Muhammad ibn ‘Uthaymeen (may Allah have mercy on him).
Fatawa al-‘Aqidah (p. 208-212).
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