abumuwahid
12th June 2008, 05:55 PM
<hr style="color: rgb(171, 185, 209);" size="1"> <!-- / icon and title --> <!-- message --> Imam Abu Muhammed ibn Hazm (rahimahullah) said in explaining Surah An Nisaa, 65:
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<table style="width: 692px; height: 50px;" border="0" cellpadding="6" cellspacing="0"> <tbody><tr> <td class="alt2" style="border: 1px inset ;"> “But no, by your Lord, they can have no faith, until they make you (O Muhammed) judge on all disputes between them, and find in themselves no resistance against your decisions, and accept (them) with full submission.” </td> </tr> </tbody></table>
that this is more than enough for the people of understanding, who believe in Allah(swt) and the Last Day, and who are sure and certain that this is an oath that Allah ta’ala has made between Himself and His servants. Here one must check oneself, that he has not favoured the sayings of a scholar, Qiyas (Analogical deduction) or Istihsan (Preference of one proof over another proof because it appears more suitable to the situation, even though the preferred proof is technically weaker).
If anyone was to find himself preferring anyone’s judgment rather than that of the Messenger (alyhissalatu wassallam), let him know that Allah(swt) in His Might and Glory has vowed and sworn by Himself, and His Speech is always the Haqq, that whoever seeks the judgment other than that of the Messenger (alyhissalatu wassallam) is not a believer, and if he is not a believer, then he is a disbeliever- and there is no third way in this! *[Quote taken from Al-ihkaam fi usooli al ahkaam, 1/98]
Ibn Hazm also said commenting on the previous Ayah (An Nisaa: 65) that Allah ta’ala has sworn by Himself that one CANNOT be a believer until he seeks the judgment of the Prophet (alyhissalatu wassallam) in everything that He (saw) came with, and then submits to it totally and bears no grudge against His (saw) judgment. The Imam clarifies that seeking judgment, and accepting and submitting the heart to the judgment, are two separate issues, and both are required to fulfill ones iman. *[Taken from Al Fissal fi alMilal wa Ahwah wanNihal, 3/235)
Ibn Hazm also said that Allah ta’ala called the seeking of the Prophet’s judgement- ‘iman’, and the one who does not seek the Prophet’s judgment with total submission cannot acquire ‘iman’. Therefore it is certain that iman is Action, Belief and Verbal testification, that is to say that going for judgment (Tahakum), is an action, and this action cannot be without words, and the fact of not bearing any grudge in one’s heart is Belief (Itiqqaad). *[Taken from Ad-Durrer Assuniah, pg. 338] Ibn Hazm (rahimahullah) also commenting on the verse: “
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<table style="width: 688px; height: 68px;" border="0" cellpadding="6" cellspacing="0"> <tbody><tr> <td class="alt2" style="border: 1px inset ;"> And whoever contradicts and opposes the Messenger (Muhammed (alyhissalatu wassallam)) after the right path has been shown clearly to him, and follows other than the believers way, We shall keep him in the path that he has chosen, and burn him in Hell- what an evil destination!” Surah An Nisaa: 115,
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says that this verse states that the declaration of Kufr is upon anyone who commits such a sin. But if anyone comes and says that everyone who does not follow the path of the believers is not of them, we will answer him by saying that not every person who does not follow every way of the believers is a Kaffir, because adultery, drinking alcohol and cheating people is not actually the way of the believers but such sins do not take one outside the fold of Islam,but the clear evidence that this sin takes one outside the fold of Islam is:
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<table style="width: 685px; height: 50px;" border="0" cellpadding="6" cellspacing="0"> <tbody><tr> <td class="alt2" style="border: 1px inset ;"> “But no, by your Lord, they can have no faith, until they make you (O Muhammed) judge in all disputes between them, and find in themselves no resistance against your decisions, and accept (them) with full submission.” An Nisaa: 65. </td> </tr> </tbody></table>
Abu Muhammed ibn Hazm said that this is the text that does not bear any other meaning, nor is there any other evidence that drives it away from its clear outward meaning, nor is there any text that limits it to a certain inward meaning. *[Al Fissal fi alMilal wa Ahwah wanNihal, 2/293]
Imam ibn Taymiyyah (rahimahullah) said that one of the types of Muwalaat (allegiances, friendships) which Allah(swt) condemns ahlul kitab (Jews and Christians) and the Munafiqeen (Hypocrites) for, is believing in some of the Kufr they are upon, or seeking judgments from other than the Book of Allah as He swt states:
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“Have you seen those who were given a portion of the scripture. They believe in Jibt and Taghut and say to the disbelievers that they are better guided as regards the way than the believers.” An Nisaa: 51 </td> </tr> </tbody></table>
When ibn Taymiyyah said ‘of the types of Muwalaat’, he was definitely talking about the allegiance and loyalty which is considered as the major Kufr, as Allah swt says:
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<table style="width: 692px; height: 50px;" border="0" cellpadding="6" cellspacing="0"> <tbody><tr> <td class="alt2" style="border: 1px inset ;"> “O you who believe, take not the Jews and Christians as Awliya (friends and protectors) they are but Awliya of one another. And if any amongst you takes them (as Awliya), then surely, he is one of them. </td> </tr> </tbody></table>
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<table style="width: 691px; height: 32px;" border="0" cellpadding="6" cellspacing="0"> <tbody><tr> <td class="alt2" style="border: 1px inset ;"> Verily Allah guides not those people who are the Zalimoon.” Surah Al Maidah: 51. </td> </tr> </tbody></table>
Then ibn Taymiyyah mentioned two types of people; the first type are Ahlul Kitab (i.e. the Jews and Christians) and the second type are the Munafiqeen who concealed disbelief and showed Islam. He also talked about two issues that are types of Muwalaat (taking as protectors, friends or helpers), which is the belief in some of the kufr of the disbelievers, or to go to other than the Book of Allah for judgment. So if we look at the saying of ibn Taymiyyah: ‘or to go to other than the Book of Allah for judgment’, we should notice that he used the word ‘or’ to warn us that both of these types of Muwalaat are Major Kufr. It is also very important to bring to your attention the following verse that ibn Taymiyyah uses as evidence to support his argument:
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<table style="width: 680px; height: 32px;" border="0" cellpadding="6" cellspacing="0"> <tbody><tr> <td class="alt2" style="border: 1px inset ;"> “Have you seen those who were given a portion of the scripture. They believe in Jibt and Taghut…” Surah An Nisaa: 51 I </td> </tr> </tbody></table>
Ibn Taymiyyah (rahimahullah) when commenting on the Ayah:
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<table style="width: 678px; height: 68px;" border="0" cellpadding="6" cellspacing="0"> <tbody><tr> <td class="alt2" style="border: 1px inset ;"> “Have you 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 Taghut (false judges) while they have been ordered to reject them. But Shaitan wishes to lead them far astray.” Surah An Nisaa: 60, </td> </tr> </tbody></table>
said that Allah (swt) has condemned those who claim to believe in all the books, yet they abandoned seeking the judgement from the Quran and the Sunnah, and instead they submitted to the judgements of the Tawagheet who are praised apart from Allah (swt) – as it is happening to so many who claim to be Muslims. They seek the judgement of Sabian philosophers or the judgement of some of the Turkish kings amongst others, who have forsaken the Law of Shariah. *[Above has been taken from Majmoo al Fatawa of ibn Taymiyyah, 12/33])
He also says commenting on the following verse:
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<table style="width: 677px; height: 50px;" border="0" cellpadding="6" cellspacing="0"> <tbody><tr> <td class="alt2" style="border: 1px inset ;"> “The only saying of the believers when they are called to Allah (the Quran) and His Messenger to judge between them, is that they say: “We listen and we obey”. And such are the successful.” Surah An Nur: 51, </td> </tr> </tbody></table>
that here Allah swt clarifies that whoever turns away from obeying the Messenger (alyhissalatu wassallam) and turns away from His judgement is of the Munafiqeen and not a believer, and that the believer is the one who says “We listen and we obey”. So if one becomes a Munafiq by merely turning away from the judgement of the Prophet (alyhissalatu wassallam) and going to other than Him for that, which maybe prompted by one’s strong desires, so what about the one who belittles Islam or insults Allah(swt). *[Taken from As-Saarim al Muslool, pg.38] Here ibn Taymiyyah (rahimahullah) identifies this hypocrisy as the Major hypocrisy that drives one outside the fold of Islam. The evidence for this is his saying “What about the one who belittles Islam or insults Allah azawajal.” If ibn Taymiyyah had not regarded turning away from the Messenger’s (alyhissalatu wassallam) judgement as a great form of Kufr and Nifaq, he would not have compared it to insulting Allah(swt). In fact he clearly pointed out that insulting Allah ta’ala is a greater form of Kufr than the Kufr of going to Taghut for judgement. It is also very important to note that ibn Taymiyyah emphasized that a person becomes a kaffir by turning away from the Prophet’s judgement due to his desires. He did not however relate it to Istihlaal (making halal into haram or haram into halal) or Juhood (denial in the heart). He also said regarding the following Ayat:
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“And had they believed in Allah and in the Prophet and in what was revealed to Him, never would they have taken them (the disbelievers) as Awliyah (protectors and helpers): but many of them are the Fasiqoon (rebellious, disobedient to the Commands of Allah).” Surah Al-Ma’idah: 81 </td> </tr> </tbody></table>
and:
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“But no, by your Lord, they can have no faith, until they make you (O Muhammed) judge on all disputes between them, and find in themselves no resistance against your decisions, and accept (them) with full submission.” Surah An Nisaa: 65, </td> </tr> </tbody></table>
that not taking the Kuffar as Awliyah (friends and protectors) and submitting to the judgment of the Messenger (alyhissalatu wassallam) are a prerequisite condition for attaining iman, and without this, iman can never be fulfilled. *[Taken from his book Majmooal Fatawa 7/150]
To strengthen his argument, ibn Taymiyyah also mentioned the example of the Ansari man who had a dispute with Zubayr (radhiAllahu anhu) over the ownership of water for irrigation of his land. When the Messenger (alyhissalatu wassallam) delivered the verdict that Zubayr (radhiAllahu anhu) should benefit from the water first, the Ansari did not accept this judgment by commenting that the Messenger (alyhissalatu wassallam) had favoured Zubayr (radhiAllahu anhu) as he (Zubayr) was the cousin of the Messenger (alyhissalatu wassallam). And the second example is that of a man who sought the judgment of the Messenger (alyhissalatu wassallam) and after rejecting His (alyhissalatu wassallam)’s judgment, went to Abu Bakr (radhiAllahu anhu) for judgment, and then went on further to Umar (radhiAllahu anhu), who killed him for refusing to submit to the initial judgment of the Prophet (alyhissalatu wassallam). Ibn Taymiyyah says: ‘these kinds of acts result in one being a kaffir and a munafiq with no immunity and protection of his blood.’ *[taken from As-Saarim al Muslool, pg.233]
It is very clear that Ibn Taymiyyah regards as a disbeliever the one who turns away from the judgment of the Prophet (alyhissalatu wassallam), as clearly understood by the episode of Umar bin al Khattab that is previously mentioned. If this is the case for someone who turns way from the judgement of the Messenger (alyhissalatu wassallam), then what is the position of the one who does not even go to the judgment of the Prophet (alyhissalatu wassallam), and goes to the Taghut for that instead! It is therefore understood that ibn Taymiyyah regards that whoever is not satisfied with the judgment of the Prophet (alyhissalatu wassallam) has committed an act of disbelief, and if this is the case, then what about those who criticize the Hukm of Allah ta’ala!
There is no doubt that he is more deserving of being declared a Kaffir. And this is one of the clearest sayings of ibn Taymiyyah that express his verdict of takfeer on those who do not take the Prophet (alyhissalatu wassallam) as the only judge.
Ibn ul Qayim (rahimahullah) said that whoever takes his opponent to other than Allah(swt) and His Prophet (alyhissalatu wassallam) has definitely sought the judgment of the Taghut, while he has been ordered to reject it - and that the person can never reject Taghut until he makes all judgment for Allah(swt) Alone. *[Tareeq ul Hijratain, pg.73]
It is very important to note that ibn ul Qayim said that a person can never disbelieve in Taghut until he ‘makes’ all Hukm for Allah Alone. He did NOT however say until he ‘believes’ that all Hukm is for Allah Alone. This point is clarified further by his saying that whoever ‘takes’ his opponent for judgment; thus proving that this act of Tahakum can only be performed through ‘action’, therefore what he meant by ‘making’ all Hukm for Allah Alone is by physically taking one’s opponent to the Book of Allah azawajal and the Sunnah of His Prophet (alyhissalatu wassallam) for judgment.
If one takes his opponent to other than Allah(swt) and His Prophet (alyhissalatu wassallam), he does NOT make the Hukm for Allah ta’ala Alone and consequently he does not reject Taghut, and whoever does not reject Taghut can not be a Muslim, because the rejection of the Taghut is one of the main pillars without which a person cannot accomplish his iman or Islam. Ibn ul Qayim also says that the following Ayah: “O you who believe! Obey Allah and obey the Messenger (Muhammed (alyhissalatu wassallam)) and those of you (Muslims) who are in authority. (And) if you differ in anything amongst yourselves, refer it to Allah and His Messenger, if you believe in Allah and in the Last Day.
That is better and more suitable for final determination.” Surah An Nisaa: 59, is ample evidence that clearly explains this issue and puts an end to those who dispute over it, and it is also a strong evidence in the hands of those who comply with the Commands of Allah ta’ala. *[From ar-Risala at Tabukiya libnil Qayim al Jawzeea, pg. 133] Ibn ul Qayim also said that when Allah ta’ala mentions those who go to other than Himself and His Messenger for judgment
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<table style="width: 681px; height: 50px;" border="0" cellpadding="6" cellspacing="0"> <tbody><tr> <td class="alt2" style="border: 1px inset ;"> “And when it is said to them: “Come to what Allah has sent down, and to the Messenger”, you (O Muhammed) see the Munafiqeen (hypocrites) turn away from you with aversion.” Surah An Nisaa: 61, </td> </tr> </tbody></table>
He (ta’ala) emphasized that the act of turning away from Allah ta’ala and His Prophet (alyhissalatu wassallam) and seeking others for judgment is the essence of Nifaq (Hypocrisy). Similarly, seeking and submitting to the judgment of Allah swt) without a grudge is the essence of Eaman (Belief). *[Taken from Mukhtasar as-Sawaiq al Mursalah, V.2: pg.515]
Without doubt, ibn ul Qayim identifies the form of Nifaq mentioned above as the one that drives one outside the fold of Islam. Ibnul Qayim relates in his ‘Nuni’yah’ (poem): Allah the Supreme has sworn by Himself A vow declaring the essence of iman That verily he is not a belie`ver who seeks the judgment From other than the Messenger, who is the true Judge In fact he is not a believer rather, the one who returns all judgments to the two revelations is the believer And in fact he is not a believer who seeks the judgment
Holds a grudge and does not open his chest to it He is not a believer until he submits to the judgment of the two (revelations- Quran and Sunnah)
Imam al Hafidh ibn Katheer (rahimahullah) reported that Imam Al Ju’aini mentioned a section of Al Yassiq (Taghut law at the time of the Tartars), some of which judged that the adulterer should be killed regardless of him being married or not, homosexuals should be killed, anyone who lies deliberately should be killed, performers of witchcraft should be killed, the one who spies should be killed, if you urinate in still water or immerse in it- you should be killed, if you give a captive food, drink or clothes, without the permission of the masters, you should be killed, if you intervene between two disputants and aid one against the other, you should be killed, if you feed a captive or throw food to him - you should be killed, rather you should hand it to him. And if you feed someone, then you should eat the food first regardless of the fact that your guest is a nobleman or a pauper. And if you eat by yourself and do not feed the people with you, you should be killed, and if you slaughter an animal, the first thing you should do is open his chest and pull its heart out with your bear hands; and all these laws completely contradict all the legislations that Allah ta’ala has revealed to His Prophets (May Allah’s peace be upon them).
Therefore whoever leaves the definite legislation that our Prophet (alyhissalatu wassallam) was sent with, and goes to previous abrogated laws of other Prophets has then committed an act of Kufr. If the one who turns away from the Muhkam (definite) legislation that our Prophet (alyhissalatu wassallam) was sent with, and goes to the previous abrogated legislation of previous Prophets is a Kaffir, then what about the one who goes to alYassiq for judgement? Surely the one who commits such an act is unanimously a disbeliever. *[Taken from al Bidayah wan Nihayah, 13/139]
If we can deduce from these pieces of evidence that whoever seeks the judgment of the previous abrogated Shariah (like the Taurah), is a disbeliever, then it goes without saying that the one who surrenders to man-made laws is undoubtedly a disbeliever. Some people claim that this verdict of Kufr is only specific to the Tartar (who submitted to AlYassiq), and this is absolutely false. This is because there is not any evidence to make this verdict specific, in addition to that, Ibn Kathir was absolutely clear when he said ‘whoever leaves the definite legislation’, denoting that this statement was aimed at the general masses. Basically, ibn Kathir is talking about a general Shari’ matter which is that if anyone forsakes the Shariah of Muhammed (alyhissalatu wassallam) and resorts to either the abrogated Shariah, or man made Law, is a Kaffir. Ibn Kathir simply mentioned Tartar as a vivid example to illustrate his point. This becomes even clearer when the Imam (rahimahullah) explains the Ayah: “Do they then seek the judgment of the days of Jahiliyah (ignorance). And who is better in judgment than Allah for the people who have faith.” Al Maidah: 50, that here Allah ta’ala reproaches the people who abandoned the perfect and finally revealed Shariah, which contains all goodness and wisdom, for the sake of man-made law that contains all kinds of evil opinions and desires, which men have fabricated. Very much like the people of Jahaliyah, who used to rule with all kinds of misleading laws, which they legislated depending on purely corrupted opinions and desires.
The Tartar have done the same thing by adopting a legislation from their king Ghengis Khan, who introduced alYassiq which is a legislation derived from religions such as Judaism, Christianity, Islam and other sources. And there are many laws in AlYassiq that were concocted opinions of Ghengis Khan, yet people considered these laws as Divine Laws which they favoured over the Book of Allah(swt).
Therefore anyone who adopts any abrogated Shariah, or man-made law has disbelieved and must be fought until he returns to Allah and His Prophet (alyhissalatu wassallam), and he is not allowed to implement the law of the Taghut in any way what so ever. And here, he (rahimahullah) set two examples, firstly he spoke about the people of Pre-Islamic Jahiliyah (ignorance) who invented laws from their own desires, and this is a clear proof that the verdict we have mentioned previously is not specific to the Tartar, rather it is a verdict that applies to anyone who implements the laws of Jaheliyah.
Secondly, he gave the example of the Tartar as they committed the same act of disbelief, and in conclusion he said that anyone who commits such an act becomes a disbeliever. Some people also claim that seeking the judgment of the abrogated Shariah like the Taurah is Kufr; because it is a Divine revelation, and anyone who surrenders to it does it with belief in that Deen, whereas man-made laws are not a Divine revelation, and people do not hold belief in these laws but instead, resort to them out of convenience. This claim is unjustified and untrue because Allah(subhanu wa ta’ala) has indeed called the way of life of the Kuffar and Mushrikeen a Deen.
Allah ta’ala says: Quote:
<table style="width: 680px; height: 68px;" border="0" cellpadding="6" cellspacing="0"> <tbody><tr> <td class="alt2" style="border: 1px inset ;"> “Say (O Muhammed to the non believers) “O al-Kafiroon. I worship not that which you worship. Nor will you worship that which I worship. And I shall not worship that which you are worshipping. Nor will you worship that which I worship. To you be your Deen (way of life) and to me my Deen (way of life- Islam).” Surah Al Kafiroon </td> </tr> </tbody></table>
Allah ta’ala makes it clear in His Book that the way we live and our system of legislation and ruling is a Deen. Allah ta’ala says:
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<table style="width: 677px; height: 32px;" border="0" cellpadding="6" cellspacing="0"> <tbody><tr> <td class="alt2" style="border: 1px inset ;"> “…Thus did We plan for Yusuf. He could not take his brother by the Deen of the king, except that Allah willed it…” Surah Yusuf: 76. </td> </tr> </tbody></table>
In his Tafseer, ibn Katheer interprets this ayah that the Deen of the king is the law that he ruled Egypt with. Imam Qasimee (rahimahullah) said in his tafseer that the above Ayat could be used as evidence to call the laws of Kuffar - a Deen. As for their saying that surrendering to the abrogated Shariah is Kufr because it entails belief, we say this is also untrue. The evidence for this is that we will ask you if a person surrenders to these abrogated laws not because of belief, but because of Dunya, then is he a kaffir or not? If you say ‘no’, then you have contradicted yourself, and if you say ‘yes’, then we will ask you the difference between the one who seeks the abrogated Shariah, and the one who seeks the man-made laws, knowing that both of them did it not out of belief, but out of worldly benefit. Allah ta’ala says:
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<table style="width: 684px; height: 50px;" border="0" cellpadding="6" cellspacing="0"> <tbody><tr> <td class="alt2" style="border: 1px inset ;"> “That is because they loved and preferred the life of this world over that of the Hereafter. And Allah guides not the Kafireen (disbelievers).” Surah An-Nahl: </td> </tr> </tbody></table>
107 Imam Muhammad bin Abdul Wahhab (rahimahullah), referring to ayah above in Surah An-Nahl, explained that the reason of their Kufr is not due to their belief, nor ignorance, nor hating the Deen or loving the Kufr, but rather for their pursuit of worldly benefit. Therefore seeking the judgment of any Shariah other than Allah’s Shariah is Kufr that drives one out of the fold of Islam, regardless of the factors we have previously mentioned. Sheikh Ahmed Shakir (rahimahullah) says that whoever judges with other than the final revelation of Allah(subhanu wa ta’ala) deliberately and knowingly is a Kaffir, and whoever accepts and approves of him is a disbeliever as well, whether he was judging according to abrogated Shariah or man-made laws, as these are laws of Kufr. *[Commentary on Musnad Imam Ahmed by Ahmed Shakir, 14/181/184- no.- 7747]
Sheikh Salih bin Fouzaan al Fouzaan (rahimahullah) in his book mentions the words of ibn Kathir that anyone who implements the laws like the law of the Tartar, and favours them over the Shariah of Allah ta’ala is a Kaffir- as it ishappening nowadays all over the world where Shariah of Allah ta’ala is abandoned, the exception being in family law, and the evidence that these people are disbelievers is versatile. Allah ta’ala says:
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<table style="width: 686px; height: 50px;" border="0" cellpadding="6" cellspacing="0"> <tbody><tr> <td class="alt2" style="border: 1px inset ;"> “Therefore fear not men, but fear Me. And whosoever does not judge by what Allah has revealed, such are the Kafirun.” Surah Al-Maidah: 44 </td> </tr> </tbody></table>
and:
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<table style="width: 680px; height: 50px;" border="0" cellpadding="6" cellspacing="0"> <tbody><tr> <td class="alt2" style="border: 1px inset ;"> “But no, by your Lord no, they can have no faith until they make you (O Muhammad) judge in all disputes between them, and find in themselves no resistance against your decisions and accept them with full submission.” Surah An-Nisaa: 65. </td> </tr> </tbody></table>
*[Taken from Al Irshaad ilaa Saheeh ala’itiqad wa Arrad ahli Shirk wa al ilhaad) Al Hafidh ibn Katheer (rahimahullah), when explaining:
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<table style="width: 681px; height: 68px;" border="0" cellpadding="6" cellspacing="0"> <tbody><tr> <td class="alt2" style="border: 1px inset ;"> “O you who believe! Obey Allah and obey the Messenger and those of you (Muslims) who are in authority. If you differ in anything amongst yourselves, refer it to Allah and His Messenger, if you believe in Allah and the Last Day. That is better and more suitable for final determination.” An Nisaa: 59, </td> </tr> </tbody></table>
says that this means that anyone who does not go to Allah(subhanu wa ta’ala) and His Prophet in times of dispute is NOT a believer in Allah and the Day of Judgment.
Sheikh AbdurRehman bin Hassan al Sheikh (rahimahullah), (The Muftee of Najd and the author of the book Fath ul Majeed), commenting on the Ayah:
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<table style="width: 688px; height: 50px;" border="0" cellpadding="6" cellspacing="0"> <tbody><tr> <td class="alt2" style="border: 1px inset ;"> “There is no compulsion in Deen, the right path has become distinct from the wrong path, whoever disbelieves in Taghut and believes in Allah has then grasped the most trustworthy handhold that will never break…” Al Baqarah: 256, </td> </tr> </tbody></table>
said that the one who seeks judgment from the Taghut has not disbelieved in Taghut- but believed in him. He also said referring to the story of the hypocrite who was killed by Umar (ra), that a person who commits such an act of disbelief should be killed. *[Fath ul Majeed- explanation of Surah An-Nisaa: 60]
Sheikh Jamal ud Deen al Qasimee, Suleyman bin Abdullah al Sheikh and AbdulLatif bin AbdurRehman al Hassan al Sheikh- all pointed out that there is no doubt that whosoever seeks the judgment of other than Allah(subhanu wa ta’ala) has disbelieved in Him and believed in Taghut. *[Taken from Addorrar Assonia 10/426- Kitab – Hukm ul Murtad (Verdict on Apostates)] Sheikh Hamd ibn Ateek (rahimahullah) said that: “One of the factors that turn a Muslim into an Apostate (Murtad) is seeking any judgment other than that of Allah ta’ala and His Prophet (alyhissalatu wassallam). That is precisely what happened when people used to judge by the laws and traditions of their fathers. They had actually introduced a set of Laws known as ‘Shara’a ar-Rifaka’, to which they gave priority over Allah’s Laws. Therefore anyone who submits to such Laws is a disbeliever (Kafir). *[Majmooat at Tawheed 1/361]
Sheikh Hamd ibn Nasser al Maa’mar (rahimahullah) said that Ayah 59 of An Nisaa is clear evidence that Muslims MUST go back to Allah(subhanu wa ta’ala) and His Prophet (alyhissalatu wassallam) in their disputes and that is a condition, which proves their belief in Allah(subhanu wa ta’ala) and the Day of Judgment. That is why Allah ta’ala says:
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<table style="width: 682px; height: 32px;" border="0" cellpadding="6" cellspacing="0"> <tbody><tr> <td class="alt2" style="border: 1px inset ;"> “…if you believe in Allah and the Last Day.” Surah An Nisaa: 59. </td> </tr> </tbody></table>
*[Majmooat ar Risaail wal Fatwa Hamd ibn Nasser, pg.173]
Sheikh Suleiman ibn Samhan (rahimahullah),talked about the ‘Shara’a ar-Rifaka’ and said that if you ask the worshippers of the Taghut to come back to the Judgment of Allah ta’ala and His Prophet (alyhissalatu wassallam), and avoid the Law of the Taghut, they will answer by saying: ‘that the only reason why we go to these laws for judgment is to avoid killing one another, because if one does not agree with the other party to submit to such laws (Shara’a ar-Rifaka), then one will kill the other’. Therefore, if you know that going to Taghut for judgment is Kufr, then you should also remember that Allah azawajal has said that Kufr is worse than killing. Allah azawajal says:
Quote:
<table style="width: 692px; height: 68px;" border="0" cellpadding="6" cellspacing="0"> <tbody><tr> <td class="alt2" style="border: 1px inset ;"> “…Say fighting therein is a great (transgression) but a greater (transgression) with Allah is to prevent mankind from following the Way of Allah, to disbelieve in Him, to prevent access to Al-Masjid al Haram and to drive out its inhabitants, and al-Fitnah (Polytheism and disbelief) is worse than killing…’ (al-Baqarah:217) </td> </tr> </tbody></table>
and ‘
Quote:
<table style="width: 686px; height: 32px;" border="0" cellpadding="6" cellspacing="0"> <tbody><tr> <td class="alt2" style="border: 1px inset ;"> …And al-Fitnah (Polytheism and disbelief) is worse than killing…” Al Baqarah: 191 </td> </tr> </tbody></table>
The ‘Fitnah’ here means Kufr and disbelief, so if people from the countryside and the city fought one another and got killed, this evil that results from such bloodshed will definitely be lesser than that of appointing on earth a Taghut who governs by laws that contradict the Islamic Shariah that Allah ta’ala has sent His Prophet (alyhissalatu wassallam) with. Sheikh Suleiman ibn Samhan (rahimahullah) also said that if going to the Taghut for judgment is kufr, and since disputes are related to wordly (Dunya) matters, then how could it be possible to commit kufr in pursuit of Dunya matters! Faith (iman) can never be fulfilled until Allah ta’ala and His Prophet (alyhissalatu wassallam) are the most loved and until we love our Prophet (alyhissalatu wassallam) more than we love our children, fathers and all mankind.
So if all your wordly interests are to perish, it will be an act of kufr to seek a judgment other than that of Allah ta’ala and His Prophet (alyhissalatu wassallam). And if you had to choose between forsaking your worldly interests and going to the Taghut for judgment, it would then be OBLIGATORY upon you to relinquish your Dunya, and you would never be allowed to go to the Taghut for judgment. *[Taken from Adorrar Assunniah]
He also mentioned the story of the hypocrite (the man who was dissatisfied with the judgment of the Prophet (alyhissalatu wassallam) whom Umar ibn Khattab (radhiAllahu anhu) killed) and said that this is exactly what should be done to those who seek the Taghut’s judgment- firstly because they are apostate and secondly, because of the mischief they would commit on earth. There will never be uprighteousness in us until we take Allah ta’ala as the only ilah (god, deity), Islam as our Deen and Muhammed (alyhissalatu wassallam) as our Prophet whom we should follow and go for judgment to. And whenever we deviate from this right path, there will be a great mischief and destruction on earth. When Allah ta’ala says:
Quote:
<table style="width: 690px; height: 68px;" border="0" cellpadding="6" cellspacing="0"> <tbody><tr> <td class="alt2" style="border: 1px inset ;"> “Have you 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 to for judgment to the Taghut, while they have been ordered to reject them. But Shaytan wishes to lead them far astray.” Surah An-Nisa: 60. </td> </tr> </tbody></table>
He(swt) clearly showed that anyone who claims that he believes in Allah and His Prophet and then resorts to other than Allah’s Shariah is a liar, a hypocrite, and is straying far from the right path. *[Adorrar Assunniah]
Sheikh AbdurRehman AsSadi (rahimahullah), in his book ‘Al Qawl as-Sadeed fi Kitab atTawheed’, said that anyone who obeyed the scholars and leaders in making ‘Haram’ what Allah ta’ala made ‘Halal’, or in making ‘Halal’ what Allah ta’ala made ‘Haram’ has taken those scholars and leaders as Arbab (gods besides Allah(swt)).
He also said that it is obligatory upon everyone to take Allah ta’ala as the only Judge, and to refer all matters of dispute to Allah(swt) and His Prophet (alyhissalatu wassallam). And in doing so a person’s Tawheed is fulfilled and his Deen completed. On the other hand, anyone who does not take Allah(swt) as the only Judge, he has submitted to the judgment of the Taghut. And even if he claims to be a believer, he is a liar because iman (belief) can only be fulfilled by submitting to Allah(swt’s) Laws. Therefore whosoever goes to a judgment other than Quran and Sunnah has submitted to the Taghut and taken him as a Rubb (lord, god).
Sheikh AbdurRehman (rahimahullah) also said that Surah An Nisaa: 59, clearly emphasizes the fact that anyone who does not go back to Allah(swt) and His Prophet (alyhissalatu wassallam) in matters of dispute is not a believer in Allah but rather a believer in the Taghut.
Sheikh Muhammed bin Ibraheem, Sheikh Abdullah ibn Hameed, Sheikh AbdulLateef ibn Ibrahim, Sheikh Abdul Aziz Shatri, Sheikh Abdul Lateef ibn Muhammed, Sheikh Abdullah ibn Oqeil, Sheikh Abdul Aziz ibn Rasheed, Sheikh Muhammed ibn Auda, and Sheikh Muhammed bin Muheiria’a, (may Allah azawajal bless them all) said that: “One of the most infamous sins and greatest evils is to go to a judgment other than Allah’s Shariah, to surrender to those man-made laws and constitutions or to the traditions of our ancestors and great grandfathers that the majority of people have become content with, and have taken as a replacement for the Shariah of Allah ta’ala that our Prophet (alyhissalatu wassallam) was sent with. There is no doubt that the use of these Jahiliya (non-Islamic) laws is one of the greatest forms of Nifaq (hypocrisy), Kufr (disbelief), Dhulm (oppression) and Fussuq (dissipation), which the Quran has abolished and our Prophet (alyhissalatu wassallam) has warned us from. Allah azawajal says:
Quote:
<table style="width: 691px; height: 68px;" border="0" cellpadding="6" cellspacing="0"> <tbody><tr> <td class="alt2" style="border: 1px inset ;"> “Have you 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 judgment to the Taghut while they have been ordered reject them. And Shaytan wishes to lead them far astray.” 4:60 </td> </tr> </tbody></table>
And:
“…Therefore fear not men but Fear Me and sell not my verses for a miserable price, and whosoever does not judge by what Allah has revealed, such are the Kafiroon.” Surah Al Maidah: 44
And:
“…And whosoever does not judge by what Allah has revealed, such are the Zalimun.” Surah Al Maidah: 45 And: “…And whosoever does not judge by what Allah has revealed, such are the Fasiqun.” Surah Al Maidah: 47
And this is a strong warning from Allah ta’ala to all His slaves who have turned away from His judgment and that of His Prophet (alyhissalatu wassallam), and the plain verdict from Allah ta’ala that anyone who does not implement the Shariah is a Kafir (Disbeliever), Zalim (Oppresor), Fasiq (Sinful) and possesses the characteristics of hypocrites and the people of Jahiliyah.
So be warned O Muslims- from what Allah ta’ala has warned you from and implement his Shariah in all spheres of life. Be careful of anything that contradicts it and recommend one another about that obligation. Show enmity and hatred towards anyone who turns away from Allah’s Shariah, dispraises it, despises it or sees no harm in submitting to any law other than it, so that you may gain the Pleasure of Allah azawajal - save yourself from Allah (swt’s) torment and perform what Allah ta’ala has made obligatory upon you by taking as protectors those who implement the Shariah and who are pleased with the Book of Allah and the Sunnah of the Prophet (alyhissalatu wassallam). And only Allah ta’ala can guide us to His Right path and protect us from following the path of the Kuffar and hypocrites, and may Allah ta’ala support His Deen and defeat His enemies, for He is Omnipotent.
So let the blessings of Allah(subhanu wa ta’ala) be upon His slave and Messenger Muhammed (alyhissalatu wassallam), his family and Companions.” *[Edited on 12/11/1380 Hijri, Fatwa ashShaikh Muhammed ibn Ibraheem]
Sheikh Muhammad alAmeen Shanqeety (rahimahullah) said that it is very astonishing that those people who do not implement the legislation of Allah(subhanu wa ta’ala) claim to be Muslims as Allah(swt) has made it clear in the Ayat of Surah An Nisaa and Al Maidah.” *[Taken from adDwao al Bayan] He also said that in Surah An Nisaa:
60, Allah ta’ala clearly expresses surprise over those who go to the Taghut for judgment and still claim to be believers because it just shows that the way they lied, prompts that extreme astonishment shown in the Ayah of An Nisaa: 60:
“Have you seen those (hypocrites) who claim that they believe…”
The pieces of evidence we have mentioned so far clearly prove that there is not a shed of doubt that those who submit to or implement man-made laws, which the Taghut have legislated on behalf of Shaytan and which clearly conflict with the Shariah
of Allah(swt), are real disbelievers and polytheists, except for those like them, whom Allah(subhanu wa ta’ala) has misguided, blinded and prevented from seeing the light of revelation, who still consider such people as believers. *[adDwao al Bayan] Sheikh Shanqeety also said that
“There is no difference between committing shirk in al Hakamia (Judgment) and committing shirk in other forms of worship. The one who follows any form of government other than Allah ta’ala’s Legislation is like the one who worships and prostrates to an idol. Both of them ascribe partners to Allah(swt)”. *[Take from the cassette- explanation of Surah atTaubah: 31]
Sheikh AbdurRehman ibn Muhammed ibn Kassem (rahimahullah) said concerning Surah an-Nisaa Ayah 60 that: “Anyone who testifies that there is none to be worshipped except Allah(subhanu wa ta’ala), and then did not take the Prophet (alyhissalatu wassallam) as the only judge in all disputes has lied in his testimony. The meaning of this ayah is that Allah azawajal rebuked those who claim that they believe in what Allah has revealed to His Prophet (alyhissalatu wassallam) and to those Prophets before Him (alyhissalatu wassallam), and at the same time they want to go to the Taghut for Judgment. Allah(swt) says: “Allam tara illalladeena yazumuna’ (Have seen those who CLAIM to believe…” Surah An Nisaa: 60, in order to convey to us that Allah azawajal is reproaching and rebuking all those who seek judgment other than that of Allah(swt) and His Prophet (alyhissalatu wassallam). Ibn ul Qayim defined ‘Taghut’ as anyone who exceeds the limits that Allah(swt) has set for him by ascribing to himself some of the acts of Allah(swt), and Legislation is one of these acts. Therefore anyone who turns away from Allah(swt’s) Laws has indeed submitted to the Taghut, whom Allah(swt) has ordered us to reject. The only Hukm (Judgment) every believer should seek is that of Allah ta’ala and by surrendering to any other judgment, one would exceed the boundaries of Islam, and deviate from asSiraat ul Mustaqeem. Similarly, anyone who worships other than Allah ta’ala is a worshipper of Taghut, because the Taghut is the one who calls for every Batil (falsehood) and beautifies it. And that is what contradicts Tawheed, because the main pillar of Tawheed is to disbelieve and reject the Taghut that people worship besides Allah azawajal. Allah(swt) says: “But no, by your Lord, they can have no faith until they make you (O Muhammed) judge in all disputes between them, and find in themselves no resistence against your decisions, and accept (them) with full submission.” Surah An Nisaa: 65. This verse clearly emphasizes that anyone who does not submit to the judgment of Allah(swt) and His Prophet (alyhissalatu wassallam) can never be a believer and has clearly abandoned what our Prophet (alyhissalatu wassallam) was sent with. It is very important however, to note that we often use the verb ‘claim’ to convey that those who ‘claim’ are lying, and in Ayah 60 of An Nisaa, those people who are ‘claiming’ to believe are lying about their belief due to their going to Taghut for judgment, while they were ordered to disbelieve in it. And as we have mentioned before, the disbelief in Taghut is a pre-requisite pillar without which a person can never fulfill his Tawheed, and only when one’s Tawheed is complete, only then the rest of one’s deeds are accepted by Allah(swt). Allah azawajal says: “There is no compulsion in religion. Verily the right path has distinct from the wrong path. Whoever disbelieves in Taghut and believes in Allah, THEN, he has grasped the most trustworthy handhold that will never break. And Allah is Samee’un A’leem (All Hearer and All Seer).” Al Baqarah: 256 Asheikh Ahmed Shakir (rahimahullah) says that: “Allah ta’ala gives His verdict on those who claim that they believe in the Prophet (alyhissalatu wassallam) and what He was sent with, that they are hypocrites because when they are called to what Allah(swt) has sent down and to the Messenger (alyhissalatu wassallam), they turn away with aversion. Allah azawajal says: “And when it is said to them: ‘Come to what Allah has sent down to the Messenger (Muhammad (alyhissalatu wassallam))’, you (O Muhammad) see the hypocrites turn away from you with aversion.” Suarh An Nisaa: 61. And hypocrisy is the worst type of disbelief (kufr).” *[Taken from Omdat atTafseer 2/213]
Sheikh Hamoud ibn Abdullah at Twijari (rahimahullah) said that a lot of people have deviated because of this issue of Tahakum- to the extent that they have become Murtadeen (apostates). La Hauwla wa laa Quwataa ila billah! And Tahakum to other than the Shariah of Muhammed (saw) is considered as a greater hypocrisy and straying far from Siratul Mustaqeem. Allah ta’ala says:
Quote:
<table style="width: 694px; height: 86px;" border="0" cellpadding="6" cellspacing="0"> <tbody><tr> <td class="alt2" style="border: 1px inset ;"> “Have you 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 judgment to the Taghut while they have been ordered reject them. And Shaytan wishes to lead them far astray. And when it is said to them: ‘Come to what Allah has sent down and to the Messenger’ you (Muhammed) see the HYPOCRYTES turn away from you with aversion.” An Nisaa: 60-61 </td> </tr> </tbody></table>
*[Taken from al Eedah watTabyeen lima waqa’aa… pg. 28]
The above, are some of the sayings of the Ulema (scholars) of Islam, showing clearly that Tahakum (going for judgment) to the Taghut is belief in him and disbelief in Allah(swt). However, the pieces of evidence from the Quran and Sunnah that we have put forward are more than enough for every sincere Muslim who wishes to be guided and who seeks the Pleasure of Allah azawajal. We are living in an era in which Islam is constantly being polluted by the philosophy of the Kuffar. Sadly the Muslims in many nations have approved of this philosophy and have thus conceded to the Dunya with which the Kuffar are always enticing the believers. Muslims too have joined the caravan of materialism, and in pursuit of acquiring temporary pleasures they have sold their Islamic creed along with their potential abode in Jannah. Due to the love of their worldly possessions, Muslims go to court to be judged by other than the Book and Sunnah, and consequently, for the sake of this Dunya alone, they forfeit the Akhira! We would like to bring to your attention that it is not only those secular Muslims who are constantly engaged in this Shirk.
Muslim activists too have failed to identify this aspect of Shirk. Many of them actively seek judgment from the Taghut on issues such as appeals against organisational bans, custody of mosques and ownership of accounts and finances. In fact many of these ‘activists’ preach that going to the Taghut for judgment is the right of every Muslim and thus encourage all Muslims to participate in this heresy. Muslims have to be warned against all those groups and parties who, under the guise of Islam call people to Shirk. In order to worship Allah (swt), they seek the judgment of Shaytan and his allies- and this is undoubtedly a contradiction, and nullification of ones Shahada. All actions that constitute shirk are of no benefit to Islam, thus even if one was to gain a victory for Islam through the Kufr court, this victory would be hollow and would only contribute to failure in the Akhira. Muslim nations too are immersed in this Shirk of Tahakum. Organisations such as the United Nations are the epitome of Taghut today. Such organizations have only been set up in order to fulfill the ambitions of the Tawaghit. What Allah ta’ala has made Halal- they have made it Haram, and what Allah ta’ala has made Haram- they have made it Halal (istihlaal). Adultery, homosexuality, usury and wine have been made Halal by such coalitions. They have made it permissible to violate the honour and blood of Muslims, and they have given themselves the right to legislate, a right that belongs to Allah ta’ala Alone. Allah ta’ala has reserved the right to Legislate for Himself Alone as He (swt) says: “They have no Wali other than Him, and He makes none to share in His Decision and His Rule.” (al-Kahf:26).
Such organizations have destroyed the Ummah of Prophet Muhammad (saw) by confusing the Islamic Aqeeda (Creed) and by making Muslims doubt Islamic values. These awliyah (friends, allies) of Shaytan have extinguished the flame of al Walaa wal Baraa (love and hate for the sake of Allah) and have divided the Ummah into more than 50 nations. Sadly, the Muslim nations are not only resorting to such organizations for judgment in their disputes, but they are actively participating in the administration of these alliances that seek to challenge the right of Allah (swt). ‘Muslim’ representatives participate in these councils to endeavor to make the whole world submit to the Shariah of Taghut. Issues that are related to the Muslim Ummah are taken to the UN courts for judgment. The leaders of Muslim lands are calling upon one another to submit to UN resolutions and comply with the demands of these Tawaghit, whose only mission is to eradicate Islam from the hearts and minds of Muslims. They have ignored the command of Allah (swt): “O you who believe! Take not as Bitanah (advisors, consultants, friends, helpers) those outside your religion, since they will not fail to do their best to corrupt you. They desire to harm you severely. Hatred has already appeared from their mouths, but what their breasts conceal is far worse. Indeed We have made plain to you the Ayat, if you understand.” (al-Imran:118). Political organizations that call for the implementation of Shariah in their localities are appealing to the United Nations to intervene in their disputes and make a judgment that will be binding upon all parties involved. Leaders of Muslim lands have repeatedly declared that their occupiers and foes are ‘in violation of UN resolutions’, thus clearly proving their acknowledgment and submission to the judgment of UN.
Quote:
<table style="width: 687px; height: 50px;" border="0" cellpadding="6" cellspacing="0"> <tbody><tr> <td class="alt2" style="border: 1px inset ;"> Allah ta’ala says: “This day, I have perfected your Deen for you, completed My Favour upon you and have chosen for you Islam as your Deen.” (al-Maidah:3). </td> </tr> </tbody></table>
Why is it then that if this Deen is complete, and has been chosen for us by our Creator, we still resort to others who are outside this Deen for judgment? Maybe, it is that we do not have the conviction that this Deen is complete and perfect! How is it possible that a cruel Shariah contrived by man is more worthy of adherence than the Shariah of Ar-Rehman (the Most-Merciful)? The former is a Shariah of desires:
Quote:
<table style="width: 688px; height: 68px;" border="0" cellpadding="6" cellspacing="0"> <tbody><tr> <td class="alt2" style="border: 1px inset ;"> “But if they answer you not (i.e. do not bring a Book nor believe in Tawheed), then know that they only follow their own lusts. And who is more astray than one who follows his own lusts, without guidance from Allah? Verily Allah guides not the people who are Zalimun (polytheists, oppressors).” (al-Qasas:50), </td> </tr> </tbody></table>
while the latter is direct revelation from Al-Hakeem (All-Knowing):
Quote:
<table style="width: 676px; height: 86px;" border="0" cellpadding="6" cellspacing="0"> <tbody><tr> <td class="alt2" style="border: 1px inset ;">
“Your companion (Muhammed (saw)) has neither gone astray nor has erred. Nor does He (saw) speak of (his own) desire. It is only a Revelation revealed.” (an-Najm:2-4). </td> </tr> </tbody></table>
In the light of the evidences mentioned above, there can be no doubt that going to international committees that are founded upon man-made notions of law for judgement is a clear form of obedience to them, and Shirk. It is an obligation upon each and every Muslim to preserve the truth of Islamic Monotheism, and in order to do this, one must expose these deviations that are rampant in the Ummah today. Keeping silent on these issues is not an option as we have been warned by the Prophet (saw) that: ‘ Whoever seeks to earn the approval of people by angering Allah, Allah will abandon him to the people’ (Trimidhi).
Beloved brothers and sisters in al-Islam, the matter at hand is indeed great. Allah ta’ala has said
Quote:
<table style="width: 687px; height: 50px;" border="0" cellpadding="6" cellspacing="0"> <tbody><tr> <td class="alt2" style="border: 1px inset ;"> ‘And indeed it has already been revealed to you, as it was revealed to those before you, that if you join others with Allah in worship, then surely ALL your deeds will be in vain, and you will certainly be amongst the losers’ (AzZumar: 65). </td> </tr> </tbody></table>
Make no mistake; if you associate partners with Allah ta’ala in any form of worship, you will definitely have forsaken your place in Jannah, as all your deeds will be lost, only because of the greedy pursuit of temporary gains and pleasures. And one of the many avenues of Shirk is making Tahakum to other than Allah (swt) and His Messenger Muhammad (saw).
Quote:
<table style="width: 691px; height: 68px;" border="0" cellpadding="6" cellspacing="0"> <tbody><tr> <td class="alt2" style="border: 1px inset ;"> “O Mankind! Verily the Promise of Allah is true. So let not this present life deceive you, and let not the chief deceiver (Shaytaan) deceive you about Allah. Surely Shaytaan is an enemy to you, so take him as an enemy. He only invites his followers that they may become dwellers of the blazing Fire.” (Fatir: 5-6) </td> </tr> </tbody></table>
Quote:
<table style="width: 692px; height: 50px;" border="0" cellpadding="6" cellspacing="0"> <tbody><tr> <td class="alt2" style="border: 1px inset ;"> “But no, by your Lord, they can have no faith, until they make you (O Muhammed) judge on all disputes between them, and find in themselves no resistance against your decisions, and accept (them) with full submission.” </td> </tr> </tbody></table>
that this is more than enough for the people of understanding, who believe in Allah(swt) and the Last Day, and who are sure and certain that this is an oath that Allah ta’ala has made between Himself and His servants. Here one must check oneself, that he has not favoured the sayings of a scholar, Qiyas (Analogical deduction) or Istihsan (Preference of one proof over another proof because it appears more suitable to the situation, even though the preferred proof is technically weaker).
If anyone was to find himself preferring anyone’s judgment rather than that of the Messenger (alyhissalatu wassallam), let him know that Allah(swt) in His Might and Glory has vowed and sworn by Himself, and His Speech is always the Haqq, that whoever seeks the judgment other than that of the Messenger (alyhissalatu wassallam) is not a believer, and if he is not a believer, then he is a disbeliever- and there is no third way in this! *[Quote taken from Al-ihkaam fi usooli al ahkaam, 1/98]
Ibn Hazm also said commenting on the previous Ayah (An Nisaa: 65) that Allah ta’ala has sworn by Himself that one CANNOT be a believer until he seeks the judgment of the Prophet (alyhissalatu wassallam) in everything that He (saw) came with, and then submits to it totally and bears no grudge against His (saw) judgment. The Imam clarifies that seeking judgment, and accepting and submitting the heart to the judgment, are two separate issues, and both are required to fulfill ones iman. *[Taken from Al Fissal fi alMilal wa Ahwah wanNihal, 3/235)
Ibn Hazm also said that Allah ta’ala called the seeking of the Prophet’s judgement- ‘iman’, and the one who does not seek the Prophet’s judgment with total submission cannot acquire ‘iman’. Therefore it is certain that iman is Action, Belief and Verbal testification, that is to say that going for judgment (Tahakum), is an action, and this action cannot be without words, and the fact of not bearing any grudge in one’s heart is Belief (Itiqqaad). *[Taken from Ad-Durrer Assuniah, pg. 338] Ibn Hazm (rahimahullah) also commenting on the verse: “
Quote:
<table style="width: 688px; height: 68px;" border="0" cellpadding="6" cellspacing="0"> <tbody><tr> <td class="alt2" style="border: 1px inset ;"> And whoever contradicts and opposes the Messenger (Muhammed (alyhissalatu wassallam)) after the right path has been shown clearly to him, and follows other than the believers way, We shall keep him in the path that he has chosen, and burn him in Hell- what an evil destination!” Surah An Nisaa: 115,
</td> </tr> </tbody></table>
says that this verse states that the declaration of Kufr is upon anyone who commits such a sin. But if anyone comes and says that everyone who does not follow the path of the believers is not of them, we will answer him by saying that not every person who does not follow every way of the believers is a Kaffir, because adultery, drinking alcohol and cheating people is not actually the way of the believers but such sins do not take one outside the fold of Islam,but the clear evidence that this sin takes one outside the fold of Islam is:
Quote:
<table style="width: 685px; height: 50px;" border="0" cellpadding="6" cellspacing="0"> <tbody><tr> <td class="alt2" style="border: 1px inset ;"> “But no, by your Lord, they can have no faith, until they make you (O Muhammed) judge in all disputes between them, and find in themselves no resistance against your decisions, and accept (them) with full submission.” An Nisaa: 65. </td> </tr> </tbody></table>
Abu Muhammed ibn Hazm said that this is the text that does not bear any other meaning, nor is there any other evidence that drives it away from its clear outward meaning, nor is there any text that limits it to a certain inward meaning. *[Al Fissal fi alMilal wa Ahwah wanNihal, 2/293]
Imam ibn Taymiyyah (rahimahullah) said that one of the types of Muwalaat (allegiances, friendships) which Allah(swt) condemns ahlul kitab (Jews and Christians) and the Munafiqeen (Hypocrites) for, is believing in some of the Kufr they are upon, or seeking judgments from other than the Book of Allah as He swt states:
Quote:
<table style="width: 693px; height: 68px;" border="0" cellpadding="6" cellspacing="0"> <tbody><tr> <td class="alt2" style="border: 1px inset ;">
“Have you seen those who were given a portion of the scripture. They believe in Jibt and Taghut and say to the disbelievers that they are better guided as regards the way than the believers.” An Nisaa: 51 </td> </tr> </tbody></table>
When ibn Taymiyyah said ‘of the types of Muwalaat’, he was definitely talking about the allegiance and loyalty which is considered as the major Kufr, as Allah swt says:
Quote:
<table style="width: 692px; height: 50px;" border="0" cellpadding="6" cellspacing="0"> <tbody><tr> <td class="alt2" style="border: 1px inset ;"> “O you who believe, take not the Jews and Christians as Awliya (friends and protectors) they are but Awliya of one another. And if any amongst you takes them (as Awliya), then surely, he is one of them. </td> </tr> </tbody></table>
Quote:
<table style="width: 691px; height: 32px;" border="0" cellpadding="6" cellspacing="0"> <tbody><tr> <td class="alt2" style="border: 1px inset ;"> Verily Allah guides not those people who are the Zalimoon.” Surah Al Maidah: 51. </td> </tr> </tbody></table>
Then ibn Taymiyyah mentioned two types of people; the first type are Ahlul Kitab (i.e. the Jews and Christians) and the second type are the Munafiqeen who concealed disbelief and showed Islam. He also talked about two issues that are types of Muwalaat (taking as protectors, friends or helpers), which is the belief in some of the kufr of the disbelievers, or to go to other than the Book of Allah for judgment. So if we look at the saying of ibn Taymiyyah: ‘or to go to other than the Book of Allah for judgment’, we should notice that he used the word ‘or’ to warn us that both of these types of Muwalaat are Major Kufr. It is also very important to bring to your attention the following verse that ibn Taymiyyah uses as evidence to support his argument:
Quote:
<table style="width: 680px; height: 32px;" border="0" cellpadding="6" cellspacing="0"> <tbody><tr> <td class="alt2" style="border: 1px inset ;"> “Have you seen those who were given a portion of the scripture. They believe in Jibt and Taghut…” Surah An Nisaa: 51 I </td> </tr> </tbody></table>
Ibn Taymiyyah (rahimahullah) when commenting on the Ayah:
Quote:
<table style="width: 678px; height: 68px;" border="0" cellpadding="6" cellspacing="0"> <tbody><tr> <td class="alt2" style="border: 1px inset ;"> “Have you 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 Taghut (false judges) while they have been ordered to reject them. But Shaitan wishes to lead them far astray.” Surah An Nisaa: 60, </td> </tr> </tbody></table>
said that Allah (swt) has condemned those who claim to believe in all the books, yet they abandoned seeking the judgement from the Quran and the Sunnah, and instead they submitted to the judgements of the Tawagheet who are praised apart from Allah (swt) – as it is happening to so many who claim to be Muslims. They seek the judgement of Sabian philosophers or the judgement of some of the Turkish kings amongst others, who have forsaken the Law of Shariah. *[Above has been taken from Majmoo al Fatawa of ibn Taymiyyah, 12/33])
He also says commenting on the following verse:
Quote:
<table style="width: 677px; height: 50px;" border="0" cellpadding="6" cellspacing="0"> <tbody><tr> <td class="alt2" style="border: 1px inset ;"> “The only saying of the believers when they are called to Allah (the Quran) and His Messenger to judge between them, is that they say: “We listen and we obey”. And such are the successful.” Surah An Nur: 51, </td> </tr> </tbody></table>
that here Allah swt clarifies that whoever turns away from obeying the Messenger (alyhissalatu wassallam) and turns away from His judgement is of the Munafiqeen and not a believer, and that the believer is the one who says “We listen and we obey”. So if one becomes a Munafiq by merely turning away from the judgement of the Prophet (alyhissalatu wassallam) and going to other than Him for that, which maybe prompted by one’s strong desires, so what about the one who belittles Islam or insults Allah(swt). *[Taken from As-Saarim al Muslool, pg.38] Here ibn Taymiyyah (rahimahullah) identifies this hypocrisy as the Major hypocrisy that drives one outside the fold of Islam. The evidence for this is his saying “What about the one who belittles Islam or insults Allah azawajal.” If ibn Taymiyyah had not regarded turning away from the Messenger’s (alyhissalatu wassallam) judgement as a great form of Kufr and Nifaq, he would not have compared it to insulting Allah(swt). In fact he clearly pointed out that insulting Allah ta’ala is a greater form of Kufr than the Kufr of going to Taghut for judgement. It is also very important to note that ibn Taymiyyah emphasized that a person becomes a kaffir by turning away from the Prophet’s judgement due to his desires. He did not however relate it to Istihlaal (making halal into haram or haram into halal) or Juhood (denial in the heart). He also said regarding the following Ayat:
Quote:
<table style="width: 682px; height: 86px;" border="0" cellpadding="6" cellspacing="0"> <tbody><tr> <td class="alt2" style="border: 1px inset ;">
“And had they believed in Allah and in the Prophet and in what was revealed to Him, never would they have taken them (the disbelievers) as Awliyah (protectors and helpers): but many of them are the Fasiqoon (rebellious, disobedient to the Commands of Allah).” Surah Al-Ma’idah: 81 </td> </tr> </tbody></table>
and:
Quote:
<table style="width: 677px; height: 68px;" border="0" cellpadding="6" cellspacing="0"> <tbody><tr> <td class="alt2" style="border: 1px inset ;">
“But no, by your Lord, they can have no faith, until they make you (O Muhammed) judge on all disputes between them, and find in themselves no resistance against your decisions, and accept (them) with full submission.” Surah An Nisaa: 65, </td> </tr> </tbody></table>
that not taking the Kuffar as Awliyah (friends and protectors) and submitting to the judgment of the Messenger (alyhissalatu wassallam) are a prerequisite condition for attaining iman, and without this, iman can never be fulfilled. *[Taken from his book Majmooal Fatawa 7/150]
To strengthen his argument, ibn Taymiyyah also mentioned the example of the Ansari man who had a dispute with Zubayr (radhiAllahu anhu) over the ownership of water for irrigation of his land. When the Messenger (alyhissalatu wassallam) delivered the verdict that Zubayr (radhiAllahu anhu) should benefit from the water first, the Ansari did not accept this judgment by commenting that the Messenger (alyhissalatu wassallam) had favoured Zubayr (radhiAllahu anhu) as he (Zubayr) was the cousin of the Messenger (alyhissalatu wassallam). And the second example is that of a man who sought the judgment of the Messenger (alyhissalatu wassallam) and after rejecting His (alyhissalatu wassallam)’s judgment, went to Abu Bakr (radhiAllahu anhu) for judgment, and then went on further to Umar (radhiAllahu anhu), who killed him for refusing to submit to the initial judgment of the Prophet (alyhissalatu wassallam). Ibn Taymiyyah says: ‘these kinds of acts result in one being a kaffir and a munafiq with no immunity and protection of his blood.’ *[taken from As-Saarim al Muslool, pg.233]
It is very clear that Ibn Taymiyyah regards as a disbeliever the one who turns away from the judgment of the Prophet (alyhissalatu wassallam), as clearly understood by the episode of Umar bin al Khattab that is previously mentioned. If this is the case for someone who turns way from the judgement of the Messenger (alyhissalatu wassallam), then what is the position of the one who does not even go to the judgment of the Prophet (alyhissalatu wassallam), and goes to the Taghut for that instead! It is therefore understood that ibn Taymiyyah regards that whoever is not satisfied with the judgment of the Prophet (alyhissalatu wassallam) has committed an act of disbelief, and if this is the case, then what about those who criticize the Hukm of Allah ta’ala!
There is no doubt that he is more deserving of being declared a Kaffir. And this is one of the clearest sayings of ibn Taymiyyah that express his verdict of takfeer on those who do not take the Prophet (alyhissalatu wassallam) as the only judge.
Ibn ul Qayim (rahimahullah) said that whoever takes his opponent to other than Allah(swt) and His Prophet (alyhissalatu wassallam) has definitely sought the judgment of the Taghut, while he has been ordered to reject it - and that the person can never reject Taghut until he makes all judgment for Allah(swt) Alone. *[Tareeq ul Hijratain, pg.73]
It is very important to note that ibn ul Qayim said that a person can never disbelieve in Taghut until he ‘makes’ all Hukm for Allah Alone. He did NOT however say until he ‘believes’ that all Hukm is for Allah Alone. This point is clarified further by his saying that whoever ‘takes’ his opponent for judgment; thus proving that this act of Tahakum can only be performed through ‘action’, therefore what he meant by ‘making’ all Hukm for Allah Alone is by physically taking one’s opponent to the Book of Allah azawajal and the Sunnah of His Prophet (alyhissalatu wassallam) for judgment.
If one takes his opponent to other than Allah(swt) and His Prophet (alyhissalatu wassallam), he does NOT make the Hukm for Allah ta’ala Alone and consequently he does not reject Taghut, and whoever does not reject Taghut can not be a Muslim, because the rejection of the Taghut is one of the main pillars without which a person cannot accomplish his iman or Islam. Ibn ul Qayim also says that the following Ayah: “O you who believe! Obey Allah and obey the Messenger (Muhammed (alyhissalatu wassallam)) and those of you (Muslims) who are in authority. (And) if you differ in anything amongst yourselves, refer it to Allah and His Messenger, if you believe in Allah and in the Last Day.
That is better and more suitable for final determination.” Surah An Nisaa: 59, is ample evidence that clearly explains this issue and puts an end to those who dispute over it, and it is also a strong evidence in the hands of those who comply with the Commands of Allah ta’ala. *[From ar-Risala at Tabukiya libnil Qayim al Jawzeea, pg. 133] Ibn ul Qayim also said that when Allah ta’ala mentions those who go to other than Himself and His Messenger for judgment
Quote:
<table style="width: 681px; height: 50px;" border="0" cellpadding="6" cellspacing="0"> <tbody><tr> <td class="alt2" style="border: 1px inset ;"> “And when it is said to them: “Come to what Allah has sent down, and to the Messenger”, you (O Muhammed) see the Munafiqeen (hypocrites) turn away from you with aversion.” Surah An Nisaa: 61, </td> </tr> </tbody></table>
He (ta’ala) emphasized that the act of turning away from Allah ta’ala and His Prophet (alyhissalatu wassallam) and seeking others for judgment is the essence of Nifaq (Hypocrisy). Similarly, seeking and submitting to the judgment of Allah swt) without a grudge is the essence of Eaman (Belief). *[Taken from Mukhtasar as-Sawaiq al Mursalah, V.2: pg.515]
Without doubt, ibn ul Qayim identifies the form of Nifaq mentioned above as the one that drives one outside the fold of Islam. Ibnul Qayim relates in his ‘Nuni’yah’ (poem): Allah the Supreme has sworn by Himself A vow declaring the essence of iman That verily he is not a belie`ver who seeks the judgment From other than the Messenger, who is the true Judge In fact he is not a believer rather, the one who returns all judgments to the two revelations is the believer And in fact he is not a believer who seeks the judgment
Holds a grudge and does not open his chest to it He is not a believer until he submits to the judgment of the two (revelations- Quran and Sunnah)
Imam al Hafidh ibn Katheer (rahimahullah) reported that Imam Al Ju’aini mentioned a section of Al Yassiq (Taghut law at the time of the Tartars), some of which judged that the adulterer should be killed regardless of him being married or not, homosexuals should be killed, anyone who lies deliberately should be killed, performers of witchcraft should be killed, the one who spies should be killed, if you urinate in still water or immerse in it- you should be killed, if you give a captive food, drink or clothes, without the permission of the masters, you should be killed, if you intervene between two disputants and aid one against the other, you should be killed, if you feed a captive or throw food to him - you should be killed, rather you should hand it to him. And if you feed someone, then you should eat the food first regardless of the fact that your guest is a nobleman or a pauper. And if you eat by yourself and do not feed the people with you, you should be killed, and if you slaughter an animal, the first thing you should do is open his chest and pull its heart out with your bear hands; and all these laws completely contradict all the legislations that Allah ta’ala has revealed to His Prophets (May Allah’s peace be upon them).
Therefore whoever leaves the definite legislation that our Prophet (alyhissalatu wassallam) was sent with, and goes to previous abrogated laws of other Prophets has then committed an act of Kufr. If the one who turns away from the Muhkam (definite) legislation that our Prophet (alyhissalatu wassallam) was sent with, and goes to the previous abrogated legislation of previous Prophets is a Kaffir, then what about the one who goes to alYassiq for judgement? Surely the one who commits such an act is unanimously a disbeliever. *[Taken from al Bidayah wan Nihayah, 13/139]
If we can deduce from these pieces of evidence that whoever seeks the judgment of the previous abrogated Shariah (like the Taurah), is a disbeliever, then it goes without saying that the one who surrenders to man-made laws is undoubtedly a disbeliever. Some people claim that this verdict of Kufr is only specific to the Tartar (who submitted to AlYassiq), and this is absolutely false. This is because there is not any evidence to make this verdict specific, in addition to that, Ibn Kathir was absolutely clear when he said ‘whoever leaves the definite legislation’, denoting that this statement was aimed at the general masses. Basically, ibn Kathir is talking about a general Shari’ matter which is that if anyone forsakes the Shariah of Muhammed (alyhissalatu wassallam) and resorts to either the abrogated Shariah, or man made Law, is a Kaffir. Ibn Kathir simply mentioned Tartar as a vivid example to illustrate his point. This becomes even clearer when the Imam (rahimahullah) explains the Ayah: “Do they then seek the judgment of the days of Jahiliyah (ignorance). And who is better in judgment than Allah for the people who have faith.” Al Maidah: 50, that here Allah ta’ala reproaches the people who abandoned the perfect and finally revealed Shariah, which contains all goodness and wisdom, for the sake of man-made law that contains all kinds of evil opinions and desires, which men have fabricated. Very much like the people of Jahaliyah, who used to rule with all kinds of misleading laws, which they legislated depending on purely corrupted opinions and desires.
The Tartar have done the same thing by adopting a legislation from their king Ghengis Khan, who introduced alYassiq which is a legislation derived from religions such as Judaism, Christianity, Islam and other sources. And there are many laws in AlYassiq that were concocted opinions of Ghengis Khan, yet people considered these laws as Divine Laws which they favoured over the Book of Allah(swt).
Therefore anyone who adopts any abrogated Shariah, or man-made law has disbelieved and must be fought until he returns to Allah and His Prophet (alyhissalatu wassallam), and he is not allowed to implement the law of the Taghut in any way what so ever. And here, he (rahimahullah) set two examples, firstly he spoke about the people of Pre-Islamic Jahiliyah (ignorance) who invented laws from their own desires, and this is a clear proof that the verdict we have mentioned previously is not specific to the Tartar, rather it is a verdict that applies to anyone who implements the laws of Jaheliyah.
Secondly, he gave the example of the Tartar as they committed the same act of disbelief, and in conclusion he said that anyone who commits such an act becomes a disbeliever. Some people also claim that seeking the judgment of the abrogated Shariah like the Taurah is Kufr; because it is a Divine revelation, and anyone who surrenders to it does it with belief in that Deen, whereas man-made laws are not a Divine revelation, and people do not hold belief in these laws but instead, resort to them out of convenience. This claim is unjustified and untrue because Allah(subhanu wa ta’ala) has indeed called the way of life of the Kuffar and Mushrikeen a Deen.
Allah ta’ala says: Quote:
<table style="width: 680px; height: 68px;" border="0" cellpadding="6" cellspacing="0"> <tbody><tr> <td class="alt2" style="border: 1px inset ;"> “Say (O Muhammed to the non believers) “O al-Kafiroon. I worship not that which you worship. Nor will you worship that which I worship. And I shall not worship that which you are worshipping. Nor will you worship that which I worship. To you be your Deen (way of life) and to me my Deen (way of life- Islam).” Surah Al Kafiroon </td> </tr> </tbody></table>
Allah ta’ala makes it clear in His Book that the way we live and our system of legislation and ruling is a Deen. Allah ta’ala says:
Quote:
<table style="width: 677px; height: 32px;" border="0" cellpadding="6" cellspacing="0"> <tbody><tr> <td class="alt2" style="border: 1px inset ;"> “…Thus did We plan for Yusuf. He could not take his brother by the Deen of the king, except that Allah willed it…” Surah Yusuf: 76. </td> </tr> </tbody></table>
In his Tafseer, ibn Katheer interprets this ayah that the Deen of the king is the law that he ruled Egypt with. Imam Qasimee (rahimahullah) said in his tafseer that the above Ayat could be used as evidence to call the laws of Kuffar - a Deen. As for their saying that surrendering to the abrogated Shariah is Kufr because it entails belief, we say this is also untrue. The evidence for this is that we will ask you if a person surrenders to these abrogated laws not because of belief, but because of Dunya, then is he a kaffir or not? If you say ‘no’, then you have contradicted yourself, and if you say ‘yes’, then we will ask you the difference between the one who seeks the abrogated Shariah, and the one who seeks the man-made laws, knowing that both of them did it not out of belief, but out of worldly benefit. Allah ta’ala says:
Quote:
<table style="width: 684px; height: 50px;" border="0" cellpadding="6" cellspacing="0"> <tbody><tr> <td class="alt2" style="border: 1px inset ;"> “That is because they loved and preferred the life of this world over that of the Hereafter. And Allah guides not the Kafireen (disbelievers).” Surah An-Nahl: </td> </tr> </tbody></table>
107 Imam Muhammad bin Abdul Wahhab (rahimahullah), referring to ayah above in Surah An-Nahl, explained that the reason of their Kufr is not due to their belief, nor ignorance, nor hating the Deen or loving the Kufr, but rather for their pursuit of worldly benefit. Therefore seeking the judgment of any Shariah other than Allah’s Shariah is Kufr that drives one out of the fold of Islam, regardless of the factors we have previously mentioned. Sheikh Ahmed Shakir (rahimahullah) says that whoever judges with other than the final revelation of Allah(subhanu wa ta’ala) deliberately and knowingly is a Kaffir, and whoever accepts and approves of him is a disbeliever as well, whether he was judging according to abrogated Shariah or man-made laws, as these are laws of Kufr. *[Commentary on Musnad Imam Ahmed by Ahmed Shakir, 14/181/184- no.- 7747]
Sheikh Salih bin Fouzaan al Fouzaan (rahimahullah) in his book mentions the words of ibn Kathir that anyone who implements the laws like the law of the Tartar, and favours them over the Shariah of Allah ta’ala is a Kaffir- as it ishappening nowadays all over the world where Shariah of Allah ta’ala is abandoned, the exception being in family law, and the evidence that these people are disbelievers is versatile. Allah ta’ala says:
Quote:
<table style="width: 686px; height: 50px;" border="0" cellpadding="6" cellspacing="0"> <tbody><tr> <td class="alt2" style="border: 1px inset ;"> “Therefore fear not men, but fear Me. And whosoever does not judge by what Allah has revealed, such are the Kafirun.” Surah Al-Maidah: 44 </td> </tr> </tbody></table>
and:
Quote:
<table style="width: 680px; height: 50px;" border="0" cellpadding="6" cellspacing="0"> <tbody><tr> <td class="alt2" style="border: 1px inset ;"> “But no, by your Lord no, they can have no faith until they make you (O Muhammad) judge in all disputes between them, and find in themselves no resistance against your decisions and accept them with full submission.” Surah An-Nisaa: 65. </td> </tr> </tbody></table>
*[Taken from Al Irshaad ilaa Saheeh ala’itiqad wa Arrad ahli Shirk wa al ilhaad) Al Hafidh ibn Katheer (rahimahullah), when explaining:
Quote:
<table style="width: 681px; height: 68px;" border="0" cellpadding="6" cellspacing="0"> <tbody><tr> <td class="alt2" style="border: 1px inset ;"> “O you who believe! Obey Allah and obey the Messenger and those of you (Muslims) who are in authority. If you differ in anything amongst yourselves, refer it to Allah and His Messenger, if you believe in Allah and the Last Day. That is better and more suitable for final determination.” An Nisaa: 59, </td> </tr> </tbody></table>
says that this means that anyone who does not go to Allah(subhanu wa ta’ala) and His Prophet in times of dispute is NOT a believer in Allah and the Day of Judgment.
Sheikh AbdurRehman bin Hassan al Sheikh (rahimahullah), (The Muftee of Najd and the author of the book Fath ul Majeed), commenting on the Ayah:
Quote:
<table style="width: 688px; height: 50px;" border="0" cellpadding="6" cellspacing="0"> <tbody><tr> <td class="alt2" style="border: 1px inset ;"> “There is no compulsion in Deen, the right path has become distinct from the wrong path, whoever disbelieves in Taghut and believes in Allah has then grasped the most trustworthy handhold that will never break…” Al Baqarah: 256, </td> </tr> </tbody></table>
said that the one who seeks judgment from the Taghut has not disbelieved in Taghut- but believed in him. He also said referring to the story of the hypocrite who was killed by Umar (ra), that a person who commits such an act of disbelief should be killed. *[Fath ul Majeed- explanation of Surah An-Nisaa: 60]
Sheikh Jamal ud Deen al Qasimee, Suleyman bin Abdullah al Sheikh and AbdulLatif bin AbdurRehman al Hassan al Sheikh- all pointed out that there is no doubt that whosoever seeks the judgment of other than Allah(subhanu wa ta’ala) has disbelieved in Him and believed in Taghut. *[Taken from Addorrar Assonia 10/426- Kitab – Hukm ul Murtad (Verdict on Apostates)] Sheikh Hamd ibn Ateek (rahimahullah) said that: “One of the factors that turn a Muslim into an Apostate (Murtad) is seeking any judgment other than that of Allah ta’ala and His Prophet (alyhissalatu wassallam). That is precisely what happened when people used to judge by the laws and traditions of their fathers. They had actually introduced a set of Laws known as ‘Shara’a ar-Rifaka’, to which they gave priority over Allah’s Laws. Therefore anyone who submits to such Laws is a disbeliever (Kafir). *[Majmooat at Tawheed 1/361]
Sheikh Hamd ibn Nasser al Maa’mar (rahimahullah) said that Ayah 59 of An Nisaa is clear evidence that Muslims MUST go back to Allah(subhanu wa ta’ala) and His Prophet (alyhissalatu wassallam) in their disputes and that is a condition, which proves their belief in Allah(subhanu wa ta’ala) and the Day of Judgment. That is why Allah ta’ala says:
Quote:
<table style="width: 682px; height: 32px;" border="0" cellpadding="6" cellspacing="0"> <tbody><tr> <td class="alt2" style="border: 1px inset ;"> “…if you believe in Allah and the Last Day.” Surah An Nisaa: 59. </td> </tr> </tbody></table>
*[Majmooat ar Risaail wal Fatwa Hamd ibn Nasser, pg.173]
Sheikh Suleiman ibn Samhan (rahimahullah),talked about the ‘Shara’a ar-Rifaka’ and said that if you ask the worshippers of the Taghut to come back to the Judgment of Allah ta’ala and His Prophet (alyhissalatu wassallam), and avoid the Law of the Taghut, they will answer by saying: ‘that the only reason why we go to these laws for judgment is to avoid killing one another, because if one does not agree with the other party to submit to such laws (Shara’a ar-Rifaka), then one will kill the other’. Therefore, if you know that going to Taghut for judgment is Kufr, then you should also remember that Allah azawajal has said that Kufr is worse than killing. Allah azawajal says:
Quote:
<table style="width: 692px; height: 68px;" border="0" cellpadding="6" cellspacing="0"> <tbody><tr> <td class="alt2" style="border: 1px inset ;"> “…Say fighting therein is a great (transgression) but a greater (transgression) with Allah is to prevent mankind from following the Way of Allah, to disbelieve in Him, to prevent access to Al-Masjid al Haram and to drive out its inhabitants, and al-Fitnah (Polytheism and disbelief) is worse than killing…’ (al-Baqarah:217) </td> </tr> </tbody></table>
and ‘
Quote:
<table style="width: 686px; height: 32px;" border="0" cellpadding="6" cellspacing="0"> <tbody><tr> <td class="alt2" style="border: 1px inset ;"> …And al-Fitnah (Polytheism and disbelief) is worse than killing…” Al Baqarah: 191 </td> </tr> </tbody></table>
The ‘Fitnah’ here means Kufr and disbelief, so if people from the countryside and the city fought one another and got killed, this evil that results from such bloodshed will definitely be lesser than that of appointing on earth a Taghut who governs by laws that contradict the Islamic Shariah that Allah ta’ala has sent His Prophet (alyhissalatu wassallam) with. Sheikh Suleiman ibn Samhan (rahimahullah) also said that if going to the Taghut for judgment is kufr, and since disputes are related to wordly (Dunya) matters, then how could it be possible to commit kufr in pursuit of Dunya matters! Faith (iman) can never be fulfilled until Allah ta’ala and His Prophet (alyhissalatu wassallam) are the most loved and until we love our Prophet (alyhissalatu wassallam) more than we love our children, fathers and all mankind.
So if all your wordly interests are to perish, it will be an act of kufr to seek a judgment other than that of Allah ta’ala and His Prophet (alyhissalatu wassallam). And if you had to choose between forsaking your worldly interests and going to the Taghut for judgment, it would then be OBLIGATORY upon you to relinquish your Dunya, and you would never be allowed to go to the Taghut for judgment. *[Taken from Adorrar Assunniah]
He also mentioned the story of the hypocrite (the man who was dissatisfied with the judgment of the Prophet (alyhissalatu wassallam) whom Umar ibn Khattab (radhiAllahu anhu) killed) and said that this is exactly what should be done to those who seek the Taghut’s judgment- firstly because they are apostate and secondly, because of the mischief they would commit on earth. There will never be uprighteousness in us until we take Allah ta’ala as the only ilah (god, deity), Islam as our Deen and Muhammed (alyhissalatu wassallam) as our Prophet whom we should follow and go for judgment to. And whenever we deviate from this right path, there will be a great mischief and destruction on earth. When Allah ta’ala says:
Quote:
<table style="width: 690px; height: 68px;" border="0" cellpadding="6" cellspacing="0"> <tbody><tr> <td class="alt2" style="border: 1px inset ;"> “Have you 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 to for judgment to the Taghut, while they have been ordered to reject them. But Shaytan wishes to lead them far astray.” Surah An-Nisa: 60. </td> </tr> </tbody></table>
He(swt) clearly showed that anyone who claims that he believes in Allah and His Prophet and then resorts to other than Allah’s Shariah is a liar, a hypocrite, and is straying far from the right path. *[Adorrar Assunniah]
Sheikh AbdurRehman AsSadi (rahimahullah), in his book ‘Al Qawl as-Sadeed fi Kitab atTawheed’, said that anyone who obeyed the scholars and leaders in making ‘Haram’ what Allah ta’ala made ‘Halal’, or in making ‘Halal’ what Allah ta’ala made ‘Haram’ has taken those scholars and leaders as Arbab (gods besides Allah(swt)).
He also said that it is obligatory upon everyone to take Allah ta’ala as the only Judge, and to refer all matters of dispute to Allah(swt) and His Prophet (alyhissalatu wassallam). And in doing so a person’s Tawheed is fulfilled and his Deen completed. On the other hand, anyone who does not take Allah(swt) as the only Judge, he has submitted to the judgment of the Taghut. And even if he claims to be a believer, he is a liar because iman (belief) can only be fulfilled by submitting to Allah(swt’s) Laws. Therefore whosoever goes to a judgment other than Quran and Sunnah has submitted to the Taghut and taken him as a Rubb (lord, god).
Sheikh AbdurRehman (rahimahullah) also said that Surah An Nisaa: 59, clearly emphasizes the fact that anyone who does not go back to Allah(swt) and His Prophet (alyhissalatu wassallam) in matters of dispute is not a believer in Allah but rather a believer in the Taghut.
Sheikh Muhammed bin Ibraheem, Sheikh Abdullah ibn Hameed, Sheikh AbdulLateef ibn Ibrahim, Sheikh Abdul Aziz Shatri, Sheikh Abdul Lateef ibn Muhammed, Sheikh Abdullah ibn Oqeil, Sheikh Abdul Aziz ibn Rasheed, Sheikh Muhammed ibn Auda, and Sheikh Muhammed bin Muheiria’a, (may Allah azawajal bless them all) said that: “One of the most infamous sins and greatest evils is to go to a judgment other than Allah’s Shariah, to surrender to those man-made laws and constitutions or to the traditions of our ancestors and great grandfathers that the majority of people have become content with, and have taken as a replacement for the Shariah of Allah ta’ala that our Prophet (alyhissalatu wassallam) was sent with. There is no doubt that the use of these Jahiliya (non-Islamic) laws is one of the greatest forms of Nifaq (hypocrisy), Kufr (disbelief), Dhulm (oppression) and Fussuq (dissipation), which the Quran has abolished and our Prophet (alyhissalatu wassallam) has warned us from. Allah azawajal says:
Quote:
<table style="width: 691px; height: 68px;" border="0" cellpadding="6" cellspacing="0"> <tbody><tr> <td class="alt2" style="border: 1px inset ;"> “Have you 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 judgment to the Taghut while they have been ordered reject them. And Shaytan wishes to lead them far astray.” 4:60 </td> </tr> </tbody></table>
And:
“…Therefore fear not men but Fear Me and sell not my verses for a miserable price, and whosoever does not judge by what Allah has revealed, such are the Kafiroon.” Surah Al Maidah: 44
And:
“…And whosoever does not judge by what Allah has revealed, such are the Zalimun.” Surah Al Maidah: 45 And: “…And whosoever does not judge by what Allah has revealed, such are the Fasiqun.” Surah Al Maidah: 47
And this is a strong warning from Allah ta’ala to all His slaves who have turned away from His judgment and that of His Prophet (alyhissalatu wassallam), and the plain verdict from Allah ta’ala that anyone who does not implement the Shariah is a Kafir (Disbeliever), Zalim (Oppresor), Fasiq (Sinful) and possesses the characteristics of hypocrites and the people of Jahiliyah.
So be warned O Muslims- from what Allah ta’ala has warned you from and implement his Shariah in all spheres of life. Be careful of anything that contradicts it and recommend one another about that obligation. Show enmity and hatred towards anyone who turns away from Allah’s Shariah, dispraises it, despises it or sees no harm in submitting to any law other than it, so that you may gain the Pleasure of Allah azawajal - save yourself from Allah (swt’s) torment and perform what Allah ta’ala has made obligatory upon you by taking as protectors those who implement the Shariah and who are pleased with the Book of Allah and the Sunnah of the Prophet (alyhissalatu wassallam). And only Allah ta’ala can guide us to His Right path and protect us from following the path of the Kuffar and hypocrites, and may Allah ta’ala support His Deen and defeat His enemies, for He is Omnipotent.
So let the blessings of Allah(subhanu wa ta’ala) be upon His slave and Messenger Muhammed (alyhissalatu wassallam), his family and Companions.” *[Edited on 12/11/1380 Hijri, Fatwa ashShaikh Muhammed ibn Ibraheem]
Sheikh Muhammad alAmeen Shanqeety (rahimahullah) said that it is very astonishing that those people who do not implement the legislation of Allah(subhanu wa ta’ala) claim to be Muslims as Allah(swt) has made it clear in the Ayat of Surah An Nisaa and Al Maidah.” *[Taken from adDwao al Bayan] He also said that in Surah An Nisaa:
60, Allah ta’ala clearly expresses surprise over those who go to the Taghut for judgment and still claim to be believers because it just shows that the way they lied, prompts that extreme astonishment shown in the Ayah of An Nisaa: 60:
“Have you seen those (hypocrites) who claim that they believe…”
The pieces of evidence we have mentioned so far clearly prove that there is not a shed of doubt that those who submit to or implement man-made laws, which the Taghut have legislated on behalf of Shaytan and which clearly conflict with the Shariah
of Allah(swt), are real disbelievers and polytheists, except for those like them, whom Allah(subhanu wa ta’ala) has misguided, blinded and prevented from seeing the light of revelation, who still consider such people as believers. *[adDwao al Bayan] Sheikh Shanqeety also said that
“There is no difference between committing shirk in al Hakamia (Judgment) and committing shirk in other forms of worship. The one who follows any form of government other than Allah ta’ala’s Legislation is like the one who worships and prostrates to an idol. Both of them ascribe partners to Allah(swt)”. *[Take from the cassette- explanation of Surah atTaubah: 31]
Sheikh AbdurRehman ibn Muhammed ibn Kassem (rahimahullah) said concerning Surah an-Nisaa Ayah 60 that: “Anyone who testifies that there is none to be worshipped except Allah(subhanu wa ta’ala), and then did not take the Prophet (alyhissalatu wassallam) as the only judge in all disputes has lied in his testimony. The meaning of this ayah is that Allah azawajal rebuked those who claim that they believe in what Allah has revealed to His Prophet (alyhissalatu wassallam) and to those Prophets before Him (alyhissalatu wassallam), and at the same time they want to go to the Taghut for Judgment. Allah(swt) says: “Allam tara illalladeena yazumuna’ (Have seen those who CLAIM to believe…” Surah An Nisaa: 60, in order to convey to us that Allah azawajal is reproaching and rebuking all those who seek judgment other than that of Allah(swt) and His Prophet (alyhissalatu wassallam). Ibn ul Qayim defined ‘Taghut’ as anyone who exceeds the limits that Allah(swt) has set for him by ascribing to himself some of the acts of Allah(swt), and Legislation is one of these acts. Therefore anyone who turns away from Allah(swt’s) Laws has indeed submitted to the Taghut, whom Allah(swt) has ordered us to reject. The only Hukm (Judgment) every believer should seek is that of Allah ta’ala and by surrendering to any other judgment, one would exceed the boundaries of Islam, and deviate from asSiraat ul Mustaqeem. Similarly, anyone who worships other than Allah ta’ala is a worshipper of Taghut, because the Taghut is the one who calls for every Batil (falsehood) and beautifies it. And that is what contradicts Tawheed, because the main pillar of Tawheed is to disbelieve and reject the Taghut that people worship besides Allah azawajal. Allah(swt) says: “But no, by your Lord, they can have no faith until they make you (O Muhammed) judge in all disputes between them, and find in themselves no resistence against your decisions, and accept (them) with full submission.” Surah An Nisaa: 65. This verse clearly emphasizes that anyone who does not submit to the judgment of Allah(swt) and His Prophet (alyhissalatu wassallam) can never be a believer and has clearly abandoned what our Prophet (alyhissalatu wassallam) was sent with. It is very important however, to note that we often use the verb ‘claim’ to convey that those who ‘claim’ are lying, and in Ayah 60 of An Nisaa, those people who are ‘claiming’ to believe are lying about their belief due to their going to Taghut for judgment, while they were ordered to disbelieve in it. And as we have mentioned before, the disbelief in Taghut is a pre-requisite pillar without which a person can never fulfill his Tawheed, and only when one’s Tawheed is complete, only then the rest of one’s deeds are accepted by Allah(swt). Allah azawajal says: “There is no compulsion in religion. Verily the right path has distinct from the wrong path. Whoever disbelieves in Taghut and believes in Allah, THEN, he has grasped the most trustworthy handhold that will never break. And Allah is Samee’un A’leem (All Hearer and All Seer).” Al Baqarah: 256 Asheikh Ahmed Shakir (rahimahullah) says that: “Allah ta’ala gives His verdict on those who claim that they believe in the Prophet (alyhissalatu wassallam) and what He was sent with, that they are hypocrites because when they are called to what Allah(swt) has sent down and to the Messenger (alyhissalatu wassallam), they turn away with aversion. Allah azawajal says: “And when it is said to them: ‘Come to what Allah has sent down to the Messenger (Muhammad (alyhissalatu wassallam))’, you (O Muhammad) see the hypocrites turn away from you with aversion.” Suarh An Nisaa: 61. And hypocrisy is the worst type of disbelief (kufr).” *[Taken from Omdat atTafseer 2/213]
Sheikh Hamoud ibn Abdullah at Twijari (rahimahullah) said that a lot of people have deviated because of this issue of Tahakum- to the extent that they have become Murtadeen (apostates). La Hauwla wa laa Quwataa ila billah! And Tahakum to other than the Shariah of Muhammed (saw) is considered as a greater hypocrisy and straying far from Siratul Mustaqeem. Allah ta’ala says:
Quote:
<table style="width: 694px; height: 86px;" border="0" cellpadding="6" cellspacing="0"> <tbody><tr> <td class="alt2" style="border: 1px inset ;"> “Have you 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 judgment to the Taghut while they have been ordered reject them. And Shaytan wishes to lead them far astray. And when it is said to them: ‘Come to what Allah has sent down and to the Messenger’ you (Muhammed) see the HYPOCRYTES turn away from you with aversion.” An Nisaa: 60-61 </td> </tr> </tbody></table>
*[Taken from al Eedah watTabyeen lima waqa’aa… pg. 28]
The above, are some of the sayings of the Ulema (scholars) of Islam, showing clearly that Tahakum (going for judgment) to the Taghut is belief in him and disbelief in Allah(swt). However, the pieces of evidence from the Quran and Sunnah that we have put forward are more than enough for every sincere Muslim who wishes to be guided and who seeks the Pleasure of Allah azawajal. We are living in an era in which Islam is constantly being polluted by the philosophy of the Kuffar. Sadly the Muslims in many nations have approved of this philosophy and have thus conceded to the Dunya with which the Kuffar are always enticing the believers. Muslims too have joined the caravan of materialism, and in pursuit of acquiring temporary pleasures they have sold their Islamic creed along with their potential abode in Jannah. Due to the love of their worldly possessions, Muslims go to court to be judged by other than the Book and Sunnah, and consequently, for the sake of this Dunya alone, they forfeit the Akhira! We would like to bring to your attention that it is not only those secular Muslims who are constantly engaged in this Shirk.
Muslim activists too have failed to identify this aspect of Shirk. Many of them actively seek judgment from the Taghut on issues such as appeals against organisational bans, custody of mosques and ownership of accounts and finances. In fact many of these ‘activists’ preach that going to the Taghut for judgment is the right of every Muslim and thus encourage all Muslims to participate in this heresy. Muslims have to be warned against all those groups and parties who, under the guise of Islam call people to Shirk. In order to worship Allah (swt), they seek the judgment of Shaytan and his allies- and this is undoubtedly a contradiction, and nullification of ones Shahada. All actions that constitute shirk are of no benefit to Islam, thus even if one was to gain a victory for Islam through the Kufr court, this victory would be hollow and would only contribute to failure in the Akhira. Muslim nations too are immersed in this Shirk of Tahakum. Organisations such as the United Nations are the epitome of Taghut today. Such organizations have only been set up in order to fulfill the ambitions of the Tawaghit. What Allah ta’ala has made Halal- they have made it Haram, and what Allah ta’ala has made Haram- they have made it Halal (istihlaal). Adultery, homosexuality, usury and wine have been made Halal by such coalitions. They have made it permissible to violate the honour and blood of Muslims, and they have given themselves the right to legislate, a right that belongs to Allah ta’ala Alone. Allah ta’ala has reserved the right to Legislate for Himself Alone as He (swt) says: “They have no Wali other than Him, and He makes none to share in His Decision and His Rule.” (al-Kahf:26).
Such organizations have destroyed the Ummah of Prophet Muhammad (saw) by confusing the Islamic Aqeeda (Creed) and by making Muslims doubt Islamic values. These awliyah (friends, allies) of Shaytan have extinguished the flame of al Walaa wal Baraa (love and hate for the sake of Allah) and have divided the Ummah into more than 50 nations. Sadly, the Muslim nations are not only resorting to such organizations for judgment in their disputes, but they are actively participating in the administration of these alliances that seek to challenge the right of Allah (swt). ‘Muslim’ representatives participate in these councils to endeavor to make the whole world submit to the Shariah of Taghut. Issues that are related to the Muslim Ummah are taken to the UN courts for judgment. The leaders of Muslim lands are calling upon one another to submit to UN resolutions and comply with the demands of these Tawaghit, whose only mission is to eradicate Islam from the hearts and minds of Muslims. They have ignored the command of Allah (swt): “O you who believe! Take not as Bitanah (advisors, consultants, friends, helpers) those outside your religion, since they will not fail to do their best to corrupt you. They desire to harm you severely. Hatred has already appeared from their mouths, but what their breasts conceal is far worse. Indeed We have made plain to you the Ayat, if you understand.” (al-Imran:118). Political organizations that call for the implementation of Shariah in their localities are appealing to the United Nations to intervene in their disputes and make a judgment that will be binding upon all parties involved. Leaders of Muslim lands have repeatedly declared that their occupiers and foes are ‘in violation of UN resolutions’, thus clearly proving their acknowledgment and submission to the judgment of UN.
Quote:
<table style="width: 687px; height: 50px;" border="0" cellpadding="6" cellspacing="0"> <tbody><tr> <td class="alt2" style="border: 1px inset ;"> Allah ta’ala says: “This day, I have perfected your Deen for you, completed My Favour upon you and have chosen for you Islam as your Deen.” (al-Maidah:3). </td> </tr> </tbody></table>
Why is it then that if this Deen is complete, and has been chosen for us by our Creator, we still resort to others who are outside this Deen for judgment? Maybe, it is that we do not have the conviction that this Deen is complete and perfect! How is it possible that a cruel Shariah contrived by man is more worthy of adherence than the Shariah of Ar-Rehman (the Most-Merciful)? The former is a Shariah of desires:
Quote:
<table style="width: 688px; height: 68px;" border="0" cellpadding="6" cellspacing="0"> <tbody><tr> <td class="alt2" style="border: 1px inset ;"> “But if they answer you not (i.e. do not bring a Book nor believe in Tawheed), then know that they only follow their own lusts. And who is more astray than one who follows his own lusts, without guidance from Allah? Verily Allah guides not the people who are Zalimun (polytheists, oppressors).” (al-Qasas:50), </td> </tr> </tbody></table>
while the latter is direct revelation from Al-Hakeem (All-Knowing):
Quote:
<table style="width: 676px; height: 86px;" border="0" cellpadding="6" cellspacing="0"> <tbody><tr> <td class="alt2" style="border: 1px inset ;">
“Your companion (Muhammed (saw)) has neither gone astray nor has erred. Nor does He (saw) speak of (his own) desire. It is only a Revelation revealed.” (an-Najm:2-4). </td> </tr> </tbody></table>
In the light of the evidences mentioned above, there can be no doubt that going to international committees that are founded upon man-made notions of law for judgement is a clear form of obedience to them, and Shirk. It is an obligation upon each and every Muslim to preserve the truth of Islamic Monotheism, and in order to do this, one must expose these deviations that are rampant in the Ummah today. Keeping silent on these issues is not an option as we have been warned by the Prophet (saw) that: ‘ Whoever seeks to earn the approval of people by angering Allah, Allah will abandon him to the people’ (Trimidhi).
Beloved brothers and sisters in al-Islam, the matter at hand is indeed great. Allah ta’ala has said
Quote:
<table style="width: 687px; height: 50px;" border="0" cellpadding="6" cellspacing="0"> <tbody><tr> <td class="alt2" style="border: 1px inset ;"> ‘And indeed it has already been revealed to you, as it was revealed to those before you, that if you join others with Allah in worship, then surely ALL your deeds will be in vain, and you will certainly be amongst the losers’ (AzZumar: 65). </td> </tr> </tbody></table>
Make no mistake; if you associate partners with Allah ta’ala in any form of worship, you will definitely have forsaken your place in Jannah, as all your deeds will be lost, only because of the greedy pursuit of temporary gains and pleasures. And one of the many avenues of Shirk is making Tahakum to other than Allah (swt) and His Messenger Muhammad (saw).
Quote:
<table style="width: 691px; height: 68px;" border="0" cellpadding="6" cellspacing="0"> <tbody><tr> <td class="alt2" style="border: 1px inset ;"> “O Mankind! Verily the Promise of Allah is true. So let not this present life deceive you, and let not the chief deceiver (Shaytaan) deceive you about Allah. Surely Shaytaan is an enemy to you, so take him as an enemy. He only invites his followers that they may become dwellers of the blazing Fire.” (Fatir: 5-6) </td> </tr> </tbody></table>