As-Sunnah
10th October 2004, 12:28 PM
Shaykh Ibn Salih al-‘Uthaymin
The Kufr of Replacing the Shari’ah
[Quote 1.]
Sh. ibn Salih al-'Uthaymin said,
Al-Hukm bi’ Ghayr ma ‘Anzaal-Allaah is of two types: The first type is when the Hukm of Allah is removed and replaced with another Taghuutee Hukm, so that the Hukm of the Sharee’ah is eliminated between the people and he puts in its place another Hukm from the fabrication of the humans and they remove the laws of the Sharee’ah concerning the Mu’amilah (i.e. the general actions between people) and they put in its place fabricated laws and this, without doubt, is Istib’daal (replacement) of the Sharee’ah of Allah subhanahu wa ta’ala, with other than it. And this is Kufr [/size]which removes one from the Milla. because this person put himself at the level of the Creator because he Shara’a (legislated) for the slaves of Allah that which Allah ta’ala did not give permission for and this is Shirk in His, ta’ala saying: “Or have they partners with Allah (false gods), who have instituted for them a religion, which Allah has not allowed?” (Ash-Shu’ara, 21)(Cassettes Fiqh al-‘Ibaad, #60)
[Quote 2.]
Sh. ibn Salih al-'Uthaymin said,
[Regarding] the one who judged by other than what Allaah has revealed, in replacement of the Deen of Allaah. This is the major kufr which expels from the religion. This is because this individual made himself a legislator along with Allaah, the Mighty and Majestic and because he dislikes the Sharee'ah.
[Quote 3.]
Sh. ibn Salih al-'Uthaymin said,
As regards the one who lays down legislative laws, despite his knowing the judgment of Allaah and that these laws are contrary to Allaah's judgement - then this person has substituted these laws in place of the Sharee`ah. Therefore he is a kaafir - this because he does not choose these laws and turn away from Allaah's Sharee`ah except due to his belief that they are better for the people and the land than the law of Allaah. But when we say that he is a kaafir, then the meaning of this is that this action leads to disbelief. [1]
[Quote 4.]
Notes:
[1] Shaikh Ibn Uthaimeen (hafidhahullah) said (commenting upon some words of Shaikh Albani), "And these words of Shaikh al-Albani are very good indeed, however, we would differ with him on the issue where he does not make a ruling of disbelief over them (the rulers) except when they held that to be permissible (as a matter of belief). This matter needs further investigation , because we say: Whoever rules by what Allaah has revealed yet he holds that something other than the rule of Allaah is better or more befitting, then he is a kafir - even if he judged by the rule of Allaah - and his kufr is a kufr of belief.
However, our discussion here is concerning an action. And it is in my opinion (dhann) that it is not possible for a person to apply and establish such laws that oppose the Shari'ah and which are referred to by the slaves of Allaah for judgement except that he declares this to be permissible (istahallahu) and holds the belief (ya'taqidu) that such laws are better the Shari'ah laws. Hence, he is a disbeliever. This is what is apparent, and if not then what [motive] is it that carried him to undertake this? (Source: Al-Qawl al-Mufeed `ala Kitaab at-Tawheed')
[Quote 5.]
Sh. ibn Salih al-'Uthaymin said below in his explanation of the Three Fundamental Principles (Sharh Thalathatul Usul),
Whoever does not judge by that which Allah has sent down, whilst mocking or belittling it, or whilst believing that something other than it is better and more beneficial for the creation, or is like it, then he is an unbeliever who has left the Religin,
From these are those who lay down systems of law contrary to the Islamic system of laws - in order that to be a way of life for the people to proceed upon. They do not lay down such systems that contradict the Islamic Sharee'ah except due to their belief that they are better and more beneficial for the creation.
This is because it is known necessarily by the intellect and by inborn nature that man does not turn away from one whole way of life to another that is contrary to it unless he believes that the one he turns to is more excellent, and that the one he leaves is deficient. (Explanation of the Three Fundamental Principles. Page. 253)
Shaykh-ul-Islaam Ibn Taymiyyah, rahimahullaah, said, concerning those who took their learned men and their Rabbis as Lords besides Allaah, that they are of two sorts:
(1) Those who knew that they had changed the Religion of Allaah, and yet they followed them upon that distortion; and they believed in the permissibility of forbidden things, and in the forbiddance of things made lawful by Allaah - due to their following their heads, even though they knew that they had gone against the Religion of the Messengers, then this is unbelief and it is declared to be shirk by Allaah and His Messenger.
(2) That their belief and their faith in the allowance of forbidden things, and in the prohibition of lawful things - these are the words reported from him - is confirmed, but they just obeyed them in disobedience to Allah just as the Muslim may commit sins, but whilst believing them to be sins. So they carry the ruling of their like from the people of sins.
[Quote 6.]
Shaykh ibn Salih al-‘Uthaymin continues by commenting on ibn Taymiyyah’s words by saying,
There is a distinction between those matters that are counted as a general and universal law, and a particular case about which a judge gives judgment by other than that which Allaah sent down. This is because matters that are considered general and universal laws are not covered by the previous classifications. Rather is from the first category only because this person who is laying down a system of laws contratry to Islaam only lays it down due to his belief that it is better than Islaaam and more beneficial for the servants - as has already been indicated (Explanation of the Three Fundamental Principles. Page. 254)
The Kufr of Replacing the Shari’ah
[Quote 1.]
Sh. ibn Salih al-'Uthaymin said,
Al-Hukm bi’ Ghayr ma ‘Anzaal-Allaah is of two types: The first type is when the Hukm of Allah is removed and replaced with another Taghuutee Hukm, so that the Hukm of the Sharee’ah is eliminated between the people and he puts in its place another Hukm from the fabrication of the humans and they remove the laws of the Sharee’ah concerning the Mu’amilah (i.e. the general actions between people) and they put in its place fabricated laws and this, without doubt, is Istib’daal (replacement) of the Sharee’ah of Allah subhanahu wa ta’ala, with other than it. And this is Kufr [/size]which removes one from the Milla. because this person put himself at the level of the Creator because he Shara’a (legislated) for the slaves of Allah that which Allah ta’ala did not give permission for and this is Shirk in His, ta’ala saying: “Or have they partners with Allah (false gods), who have instituted for them a religion, which Allah has not allowed?” (Ash-Shu’ara, 21)(Cassettes Fiqh al-‘Ibaad, #60)
[Quote 2.]
Sh. ibn Salih al-'Uthaymin said,
[Regarding] the one who judged by other than what Allaah has revealed, in replacement of the Deen of Allaah. This is the major kufr which expels from the religion. This is because this individual made himself a legislator along with Allaah, the Mighty and Majestic and because he dislikes the Sharee'ah.
[Quote 3.]
Sh. ibn Salih al-'Uthaymin said,
As regards the one who lays down legislative laws, despite his knowing the judgment of Allaah and that these laws are contrary to Allaah's judgement - then this person has substituted these laws in place of the Sharee`ah. Therefore he is a kaafir - this because he does not choose these laws and turn away from Allaah's Sharee`ah except due to his belief that they are better for the people and the land than the law of Allaah. But when we say that he is a kaafir, then the meaning of this is that this action leads to disbelief. [1]
[Quote 4.]
Notes:
[1] Shaikh Ibn Uthaimeen (hafidhahullah) said (commenting upon some words of Shaikh Albani), "And these words of Shaikh al-Albani are very good indeed, however, we would differ with him on the issue where he does not make a ruling of disbelief over them (the rulers) except when they held that to be permissible (as a matter of belief). This matter needs further investigation , because we say: Whoever rules by what Allaah has revealed yet he holds that something other than the rule of Allaah is better or more befitting, then he is a kafir - even if he judged by the rule of Allaah - and his kufr is a kufr of belief.
However, our discussion here is concerning an action. And it is in my opinion (dhann) that it is not possible for a person to apply and establish such laws that oppose the Shari'ah and which are referred to by the slaves of Allaah for judgement except that he declares this to be permissible (istahallahu) and holds the belief (ya'taqidu) that such laws are better the Shari'ah laws. Hence, he is a disbeliever. This is what is apparent, and if not then what [motive] is it that carried him to undertake this? (Source: Al-Qawl al-Mufeed `ala Kitaab at-Tawheed')
[Quote 5.]
Sh. ibn Salih al-'Uthaymin said below in his explanation of the Three Fundamental Principles (Sharh Thalathatul Usul),
Whoever does not judge by that which Allah has sent down, whilst mocking or belittling it, or whilst believing that something other than it is better and more beneficial for the creation, or is like it, then he is an unbeliever who has left the Religin,
From these are those who lay down systems of law contrary to the Islamic system of laws - in order that to be a way of life for the people to proceed upon. They do not lay down such systems that contradict the Islamic Sharee'ah except due to their belief that they are better and more beneficial for the creation.
This is because it is known necessarily by the intellect and by inborn nature that man does not turn away from one whole way of life to another that is contrary to it unless he believes that the one he turns to is more excellent, and that the one he leaves is deficient. (Explanation of the Three Fundamental Principles. Page. 253)
Shaykh-ul-Islaam Ibn Taymiyyah, rahimahullaah, said, concerning those who took their learned men and their Rabbis as Lords besides Allaah, that they are of two sorts:
(1) Those who knew that they had changed the Religion of Allaah, and yet they followed them upon that distortion; and they believed in the permissibility of forbidden things, and in the forbiddance of things made lawful by Allaah - due to their following their heads, even though they knew that they had gone against the Religion of the Messengers, then this is unbelief and it is declared to be shirk by Allaah and His Messenger.
(2) That their belief and their faith in the allowance of forbidden things, and in the prohibition of lawful things - these are the words reported from him - is confirmed, but they just obeyed them in disobedience to Allah just as the Muslim may commit sins, but whilst believing them to be sins. So they carry the ruling of their like from the people of sins.
[Quote 6.]
Shaykh ibn Salih al-‘Uthaymin continues by commenting on ibn Taymiyyah’s words by saying,
There is a distinction between those matters that are counted as a general and universal law, and a particular case about which a judge gives judgment by other than that which Allaah sent down. This is because matters that are considered general and universal laws are not covered by the previous classifications. Rather is from the first category only because this person who is laying down a system of laws contratry to Islaam only lays it down due to his belief that it is better than Islaaam and more beneficial for the servants - as has already been indicated (Explanation of the Three Fundamental Principles. Page. 254)