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Old 26Dec2007, 01:57 PM   #1
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Script Fataawaa of the Standing Committee Concerning Ruling by Other than What Allaah Reveal

By Imaam ’Abdul-’Azeez Ibn Baaz (d.1420H)

Three Fataawaa pronounced by the Committee of Major Scholars in Saudi Arabia.

As for the one who rules by other than what Allaah revealed, and he believes that he is sinning, but he rules by other than what Allaah revealed, due to bribes paid to him, or other than that, or enmity to his constituents, or closeness to them, or their friendship with him, or similar to that, then this cannot be major disbelief.

[1]: Fatwaa (no. 5226):

[Q]: When is takfeer (declaring a Muslim to be a disbeliever) permissible, and when is it not permissible? What type of takfeer is mentioned in the Statement of Allaah,

“And whoever does not rule by what Allaah revealed, then these are the disbelievers.” [Sooratul Maa‘idah 5:44]?

[A]: The praise is due to Allaah Alone, and may Prayers and Peace be upon His messenger, and his family, and his companions. To proceed,

So as for your statement, ‘When is takfeer permissible, and when is it not permissible,’ then we feel that you should explain what is troubling you until we explain the ruling to you. As for the type of takfeer in the Statement of Allaah,

“And whoever does not rule by what Allaah revealed, then these are the disbelievers,”

then it is major disbelief (kufrun akbar). Al-Qurtubee said in his tafseer [2], ‘Ibn ’Abbaas and Mujaahid said, ‘Whoever does not judge by what Allaah revealed in rejection of the Qur‘aan, and in denial of the statement of the Messenger (sallallaahu ’alayhi wa sallam), then he is a disbeliever.” As for the one who rules by other than what Allaah revealed, and he believes that he is sinning, but he rules by other than what Allaah revealed, due to bribes paid to him, or other than that, or enmity to his constituents, or closeness to them, or their friendship with him, or similar to that, then this cannot be major disbelief. Rather, it is sin, and indeed it is disbelief less than disbelief (kufrin doona kufr), and oppression less than oppression (dhulmin doona dhulm), and disobedience less than disobedience (fisqin doona fisq). And all success is with Allaah. And may the Prayers and Peace of Allaah be upon our Prophet Muhammad, and his family, and his Companions.

[2]: Fatwaa (no. 5741):

[Q]: Is the one who rules by other than what Allaah revealed a Muslim, or a disbeliever with major disbelief? And are his actions accepted?

[A]: The praise is for Allaah alone, and may Peace and Greetings be upon His Messenger, his Family and his Companions. To proceed:

Allaah the Exalted said,

“And whomsoever does not rule by what Allaah revealed, then these are the disbelievers.” [Sooratul-Maa‘idah 5:44]

And Allaah the Exalted said,

“And whomsoever does not rule by what Allaah revealed, then these are the transgressors.” [Sooratul-Maa‘idah 5:45]

And Allaah the Exalted said,

“And whomsoever does not rule by what Allaah revealed, then these are the disobedient.” [Sooratul-Maa‘idah 5:47]

However, if he declares that lawful and believes that it is permissible, then his disbelief is major and his dhulm (oppression) is major and his fisq (disobedience) is major, it takes him outside of the Religion. As for if he did that due to a bribe, or for another purpose, yet he still believes that it was unlawful, then he is a sinner who is referred to as a disbeliever with minor disbelief and a disobedient one with minor disobedience. He has not left the Religion, as was clarified by the people of knowledge in the explanation of the above mentioned aayaat. And the Success is with Allaah, and may the peace greetings of Allaah be upon our Prophet Muhammad, his Family and His Companions.

[3]: Fatwaa (no. 6310):

[Q]: What is the ruling upon the one who rules by the secular laws, whilst he knows that they are false. Yet, he does not wage war against them, nor does he work for their removal.

[A]: The obligation is to rule by the Book of Allaah and the Sunnah of His Messenger (sallallaahu ’alayhi wa sallam) when there is a difference. Allaah Exalted said,

“So if you differ in anything, then refer it back to Allaah and His Messenger, if you believe in Allaah and the Last Day. That is best for final determination.” [Sooratun-Nisaa‘ 4:59]

And Allaah the Exalted,

“So no! By your Lord! They have not truly believed until they refer the judgement to you in whatever occurs between them, not finding any hesitation within themselves from what you have ruled, and submit to it wilfully.” [Sooratun-Nisaa‘ 4:65]

So the rulership must be referred back to Allaah the Exalted and to the Sunnah of His Messenger (sallallaahu ’alayhi wa sallam). So if they do not rule by these two, and they declare it lawful (halaal) to rule by other than them from the secular laws, due to covetousness for money or status. Then, he is perpetrating a sin, so he is disobedient with disobedience less than disobedience (fisq doona fisq), yet he does not leave from the realm of eemaan (faith).

Footnotes:

[1] Taken from al-Asaalah (issue 29/p. 77-78)

Translated by Maaz Qureshi [1]

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