IN THE NAME OF ALLAAH MOST GRACIOUS THE BESTOWER OF MERCY

Transcription

1 The Meaning of Taaghut Muhammad bin Sulaimaan at-tamimi (d H) The Meaning of Taaghut Translated By:Abu Mu aawiyah bin Kenneth Ingram IN THE NAME OF ALLAAH MOST GRACIOUS THE BESTOWER OF MERCY Know and understand, may Allaah have mercy upon you, that the first of which Allaah has obligated upon the son of Aadam is Kufr (total disbelief) in Taaghut (everything that is worshipped other than Allaah), and Eemaan (belief and faith) in Allaah, and the proof is His saying, Ta aala: And surely, We have sent among every Ummah (nation) a messenger (proclaiming): Worship Allaah (Alone), and keep away from Taaghut (everything which is worshipped other than Allaah) (Surah Nahl 16: 36 ) As for a further description of Kufr (total disbelief) in Taaghut, it is to believe in the falsehood of worshipping other than Allaah, leaving off that worship (of other than Allaah), having hatred and detesting that worship (of other than Allaah), pronouncing Kufr (disbelief) on those who worship other than Allaah, and having enmity for those who worship other than Allaah. As for the meaning of Eemaan (belief and faith) in Allaah, it is to believe that He is the One Who is worshipped, by Himself without worshipping anything other than Him, along with making all the categories of worship purely for Allaah, negating that worship from everything other than Allaah, having love and alliance with the people of Ikhlaas (sincerity), and having hatred and enmity for the people of Shirk. This is the religion of Ibraheem (alaihissalaam), who is the one who is foolish and incompetent to leave it off and strive against it. This is the example and model, which Allaah has informed of in His statement, Ta aala: Indeed there has been an excellent example and model for you in Ibraheem and those with him, when they said to their people: Verily, we are free from you and whatever you have worshipped besides Allaah. We have rejected you, and there has begun between us and you enmity, and hatred forever until you believe in Allaah alone (without ascribing any partners to Him) (Surah Mumtahinah 60:4) The meaning of Taaghut in general is anyone other than Allaah who is worshipped, and is pleased with that worship whether it is one who is Page 1

2 worshipped, followed, or obeyed in opposition to obeying Allaah and His Messenger (sallallaahu Alaihi Wasallam). This is a Taaghut. The Taaghut are many, and the heads of them are five: First: Shaytaan (Satan) the one who calls to worshipping other than Allaah, and the proof is His saying, Ta aala: Did I not command you, O children of Aadam that you should not worship Shaytaan (Satan). Verily, he is a plain enemy to you. (Surah Ya Sin 36: 60) Second: The ruler who is unjust, interchanging the Law of Allaah, and the proof is His saying, Ta aala: Have you not seen those who claim that they believe in that which has been sent down to you, and that which has been sent down before you, and they wish to go for judgement (in their disputes) to the Taaghut while they have been ordered to disbelieve in them (i.e. Taaghut). But Shaytaan (Satan) wishes to lead them far astray. 1 (Surah Nisaa 4: 60) 1 Have you not seen those who claim that they believe in that which has been sent down to you, and that which has been sent down before you, and they wish to go for judgement (in their disputes) to the Taaghut while they have been ordered to disbelieve in them (i.e. Taaghut). But Shaytaan (Satan) wishes to lead them far astray. (Surah Nisaa 4: 60 ) Because of those who may misunderstand or misconstrue this noble Ayah (verse), may Allaah guide them as well as us, we wish to explain this noble Ayah with the correct and true meaning. Ash-Shu bee has stated regarding the reason for this Ayah (verse) being revealed: There was a dispute between a man from the Jews and a man from the Munafiqun (hypocrites). The Jew then said, Let s go to Muhammad for judgement (as to which of us is correct). He said this because it was known that Muhammad (sallallaahu Alaihi Wasallam) was not dishonest and he (sallallaahu Alaihi Wasallam) would not sway in his judgement. Upon this the Munafiq (hypocrite) said, Rather, let s go to the Jews for judgement (as to which of us is correct). The Munafiq (hypocrite) said this because he knew the Jews would be dishonest, and they would sway in their judgement. They then both agreed to go to a soothsayer so that he could judge between them. For this reason the ayah (verse) was revealed. (Tafseer Al-Baghawee) Ibn Abbas (radiallaahuanhu) said regarding Allaah s statement: And they wish to go for judgement (in their disputes) to the Taaghut. (Surah Nisaa 4: 60) He said: Taaghut (here) is a man from the Jews called Ka b bin Ashraf. When the people would be called to what Allaah revealed (the Qur an) and to the Messenger (sallallaahu Alaihi Wasallam) to judge between them (in their disputes), they would say, Rather we should go to Ka b to judge between us. Page 2

3 Third: The one that rules by other than what Allaah has revealed, and the proof is His saying, Ta aala: And whoever does not rule by what Allaah has revealed, then they are the Kaafirun (those who disbelieve in Allaah) 2 (Surah Maaidah 5: 44) Mujahid said regarding this Ayah: There was a dispute between a man from the Munafiqun (hypocrites) and a man from the Jews. The Munafiq (hypocrite) said, Let s go to Ka b bin Ashraf (for judgement between us). The Jew said, Let s go to the Prophet (for judgement between us). So the ayah (verse) was then revealed. Ad-Duhaak said regarding Allah s statement: And they wish to go for judgement (in their disputes) to the Taaghut. (Surah Nisaa 4: 60 ) He said: He (i.e. the Taaghut) is Ka b bin Ashraf. (Ad-Dur Al-Manthur fee Tafseer Al-Ma thur) Muhammad Jamaal ad-deen al-qaasimee said regarding Taaghut in this Ayah: The intent with it (Taaghut) here is that which is made equal to the Book of Allaah and the Sunnah of His Messenger from the Baatil (falsehood). (Tafseer Al-Qaasimee) ibn Katheer said regarding Taaghut in this Ayah: The one who makes something equal to the Book and Sunnah is blameworthy. So to judge with something from the Baatil (falsehood) making it equal to the Book and the Sunnah is what Taaghut means here. (Mukhtasar Tafseer ibn Katheer) The Allaamah, Abdur-Rahman As-Sa dee said regarding this Ayah: (Here) Allaah Ta aala is informing His slaves about the state of the Munafiqun (hypocrites). Those that claim that they believe in that which the Messenger (sallallaahu Alaihi Wasallam) and those before him came with, and along with this claim: They wish to go for judgement in their disputes to the Taaghut. Anyone who rules with other than the Shari ah (law of Allaah) is a Taaghut. The circumstance here is that: They have been ordered to disbelieve in them (i.e. Taaghut). So how can this (going to the Taaghut for judgement), and Eemaan (belief and faith) be grouped together when Eemaan (belief and faith) entails compliance to the law of Allaah and to judge with it in every single affair?! So whoever claims that he is a Mu min (believer), and chooses the rule of the Taaghut over the rule of Allaah, he is a liar with regards to that. This is from the misguidance of the Shaytaan (Satan) and from the Shaytaan s (Satan s) misguiding them. Because of this Allaah says: Shaytaan (Satan) wishes to lead them far astray from the truth. (Tayseer Al-Kareem Ar-Rahman) 2 And whoever does not rule by what Allah has revealed then they are the Kaafirun (those who disbelieve in Allah). ( Surah Maaidah 5: 44) Again because of those who may misunderstand or misconstrue this noble Ayah, may Allah guide them as well as us, we wish to explain this noble Ayah with the correct and true meaning. Ibn Abbaas (radiallaahuanhu) has stated regarding the reason for this Ayah being revealed: Allaah revealed them (5:41-47) with regards to two groups from the Jews one of which had overpowered the other to the point that they consented to and agreed that for every person that Page 3

4 the victorious tribe (al-azeeza) killed from the subjugated tribe (adh-dhaleelah) then the ransom was 50 Wasq (possibly a unit of currency), and that for every person the subjugated tribe killed from the victorious (tribe) then the ransom was 100 Wasq, and they remained in this state until the Prophet (sallallaahu Alaihi Wasallam) arrived in Madeenah and then both the tribes were subjugated, and that day they did not overcome him because of the peace treaty. Then the subjugated tribe killed a person from the victorious tribe and the victorious tribe sent someone demanding 100 wasq. So the subjugated tribe said: Can this ever be that two people have the same religion, same genealogy, same city and the ransom for some of them be half of the others? We only used to give you this ransom due to your injustice to us, and now that Muhammad has come we will not give you this. So a war almost started between them and then they agreed to make the Messenger of Allaah (sallallaahu Alaihi Wasallam) judge between them. Then the victorious tribe said: By Allaah, Muhammad will not give you twice the sum of what we gave them for they (the subjugated tribe) spoke the truth, they did not give us this ransom except as an injustice on our part and due to our power over them. So secretly send someone to Muhammad who can inform you of his opinion, if he gives you what you wish then agree to have him arbitrate, and if he does not then beware and do not agree to have him arbitrate. So they sent some people from the hypocrites to Muhammad. So when the Messenger of Allaah (sallallaahu Alaihi Wasallam) came Allaah informed him of all of their affair and what they desired and He revealed, O Messenger! Let not those who hurry into disbelief grieve you, of such who say: We believe to His saying, Then they are the Faasiqun (disobedient ones) (5:41-47). Then he (ibn Abbaas) said, By Allaah, they were revealed with regards to these two (Jewish tribes), and it was these two that Allaah meant (in these verses).(related by Ahmad and At-Tabaraaanee in al-mu jam al-kabeer) Shaikh Khaalid Al- Anbaree (hafithahullah) has stated in his book, Ruling By Other Than What Allah Revealed and The Fundamentals of Takfeer : This principle necessitates that we do not pronounce Takfeer on a ruler except when he denies that it is obligatory to rule by what Allaah has revealed, or he does not apply it due to contempt and arrogance. So when the ruler denies that it is obligatory to rule with the Islamic Shari ah (Law of Allaah), or he believes it is permissible to rule with man made laws, or he thinks that the Shari ah is not sufficient, or that the Shari ah is not appropriate for present day times, or that ruling with the Shari ah and other than it are equal, then he leaves the religion entirely. The people of knowledge from the Salaf and the Khalaf have used this principle. They would not pronounce Takfeer on a ruler except with that which we have described. Here is just a portion of their statements: 1- Ali bin Abee Talhah reported on ibn Abbaas (radiallaahuanhu) regarding the Tafseer of His statement, Ta aala: And whoever does not rule by what Allaah has revealed, then they are the Kaafirun (those who disbelieve in Allaah) (Surah Maaidah 5: 44) And this ayah (verse) is the foundation in this issue, he (radiallaahuanhu) said: Whoever denies or rejects what Allaah has revealed has committed Kufr (disbelief). Whoever affirms it but does not rule by it,(he) is a Dhaalim (wrong doer), and a Faasiq (disobedient person). (Tafseer ibn Jareer & Tafseer ibn Abee Haatim) 2-6 Qurtubee has said: ibn Mas ood and al-hasan have said: It (the Ayah) is general for everyone who does not rule by what Allaah has revealed, meaning believing in that and making it permissible to do so. as-sudee and Ibraheem an-nakh ee have said the same.(tafseer At-Tabaree) 7- Mujahid said regarding these three Ayaat: Whoever leaves off ruling by what Allaah revealed (while) rejecting the Book of Allaah, he is a Kaafir (disbeliever), a Dhaalim (wrong doer), and a Faasiq (disobedient person) (Mukhtasar Tafseer Khaazin) Page 4

5 8- Ikrimah has said: Whoever does not rule by what Allaah has revealed, rejecting it, he has committed Kufr (disbelief). Whoever affirms it but does not rule by it is a Dhaalim (wrong doer) and a Faasiq (disobedient person).(al-masdar As-Saadiq) 9- al-khaazin said: And this is also the saying of ibn Abbaas. It is also the opinion of az- Zajaaj.(Mukhtasar Tafseer Khaazin) 10- The Shaikh of the scholars of Tafseer, at-tabaree said: The most correct of these statements with me is the statement of the one who says: These Ayaat were revealed about the Kuffaar (disbelievers) from the People of the Book. We know this because the Ayaat before it and after it were revealed about the Kuffar (disbelievers) from the People of the Book, so it is they (the People of the Book) who are understood by them. The content of these Ayaat are giving information about them (the People of the Book), so to say that these Ayaat are giving information about them is more correct and weighty. One might say, Allaah Ta aala mentioned this in a general sense for all who do no rule by what Allaah has revealed, so how can you make it specific? The answer is: Allaah Ta aala mentioned this in general about a people who denied and rejected ruling by that which is in His book, so Allah informed about them -- that by leaving off ruling in the way that they had (denying and rejecting) they were Kuffaar (disbelievers). So in this way, it is said for all that do not rule by what Allaah revealed out of denying and rejecting it. He is a disbeliever in Allaah as ibn Abbaas has said.(tafseer at-tabaree) 11- Abul Laith as-samarqandee has said: And whoever does not rule by what Allaah has revealed -- meaning if he doesn t affirm it and doesn t make it evident then they are the Kaafirun (those who disbelieve in Allaah) (Surah Maaidah 5: 44)(Tafseer Samarqandee) 12- al-fakhr ar-raazee has said: Ikrimah has said: Allaah s statement: And whoever does not rule by what Allaah has revealed refers to the one who rejects it in his heart and rejects it with his tongue. As for the one who knows in his heart that it is Allaah s judgement and affirms with his tongue that it is Allaah s judgement but he contradicts it (with his actions), then he has ruled by what Allaah revealed even though he has acted contrary to that. Because of this, he is not included under this ayah (verse). This is the most correct answer and Allah knows best. (Tafseer Al-Kabeer) 13- az-zamakhsharee has said: And whoever does not rule by what Allaah has revealed -- out of contempt and disdaining it then they are the Kaafirun (those who disbelieve in Allah) and the Dhaalimun (wrong doers) and the Faasiqun (those who are disobedient). So they are described based on the extent of their Kufr (disbelief).(al-kaashif) 14- Abu Abbaas al-qurtubee has said: His saying, Ta aala: And whoever does not rule by what Allaah has revealed then they are the Kaafirun (those who disbelieve in Allah). Upon what is apparent, this seems to be a proof and an argument in favor of those who pronounce Takfeer (take a person outside the fold of Islam) due to sins i.e. the Khawaarij! This is not a proof, nor an argument, in their favor because these Ayaat were revealed on account of the Jews, those who have distorted and twisted the speech of Allaah, as it has come in the Hadeeth and they are Kuffaar (disbelievers). Therefore, whoever falls under the reason why the Ayah was revealed also shares in the Hukm (legal ruling) of the Ayah (verse). To clarify what is meant, when a Muslim knows the law of Allah regarding a legal affair, and he definitely knows, then after this does not rule by it, he is a Kaafir (disbeliever) if he does this out of rejecting it. There Page 5

6 is no difference of opinion in this. As for the one who does not reject it, he is sinful and has committed a major sin. That is because he believes in the origin of that ruling and he knows that it is obligatory upon him to implement it, but he is sinful by not acting in accordance with it. This is likewise for everything which its Hukm (legal ruling) is known, by necessity, from the Shari (legislation) like Salaah (the prayer) and other than it from the well-known principles. This is the way of Ahlus Sunnah and the purpose of this study is that the intent of these Ayaat is directed towards the people of Kufr (disbelief) and objection even if the wording of it is general. The Muslims are exempt from this Ayah because the ruling of leaving off an action while having Eemaan (belief and faith) in that action is less than Shirk, and He has said, Ta aala: Truly, Allsah does not forgive that partners should be set up with Him (in worship i.e. Shirk), but He forgives anything less than that to whom He wills. (Surah Nisaa 4: 48) And leaving off ruling by what Allsah revealed in this manner is not Shirk, and there is total agreement upon this. Therefore, it is permissible for it to be forgiven and Kufr (disbelief) is not forgiven, so leaving off the action of ruling by what (is) revealed is not Kufr (disbelief).(al-mufham) 15- And his student Abu Abdullah al-qurtubee has said: Meaning believing in that and making it permissible to do so. As for the one who does that and he believes that doing so is Haram (not permissible), then he is from the disobedient Muslims, and his affair is left to Allaah Ta aala. If He wills, He will punish him and if He wills, He will forgive him.(al- Jaami li Ahkaam al-qur an) 16- Abu Su ud has said: Meaning whoever does not rule by that out of disdain and rejection then they are the Kaafirun (those who disbelieve in Allsah) due to their disdain for it. (Tafseer Abee Su ud) 17- An-Nafsee has said: And whoever does not rule by what Allaah has revealed out of disdain for it then they are the Kaafirun (those who disbelieve in Allaah) (Surah Maaidah 5: 44)(Tafseer an-nafsee) 18- Shaikh Abu Mansoor has said: It is permissible, in the case of rejection, to apply these three: So the Kaafir (disbeliever) is a Dhaalim (wrong doer) and a Faasiq (disobedient person), because the Faasiq (disobedient person) in the unrestricted sense and the Dhaalim (wrong doer) in the unrestricted sense is a Kaafir (disbeliever). (al-masdar as- Saabiq) 19- Abu Bakr Al-Jassaas has said: And His saying, Ta aala: And whoever does not rule by what has Allaah revealed then they are the Kaafirun (those who disbelieve in Allaah) (Surah Maaidah 5: 44) There is no doubt that this Ayah is referring to the type of Kufr (disbelief) that is Shirk and rejection, or Kufr an-ni mah (disbelief in Allaah s Bounty and Blessing) without rejection. So if the intent here is rejecting ruling by what Allaah revealed or ruling with other than it while informing that it is Allaah s judgement, then this is Kufr (disbelief) that takes one outside the fold of Islam. The one who does so is an apostate if he was (a) Muslim prior to that. Page 6

7 This is how it is explained by those who say: it was revealed about banu Isra eel and it applies to us, they mean: Whoever rejects ruling by what Allaah revealed or whoever rules by other than what Allaah revealed and then says, This is Allaah s judgement, then he is a Kaafir (disbeliever) just as banu Isra eel disbelieved when they did that. And if the intent here is Kufr an-ni mah (disbelief in Allaah s Bounty and Blessing), then Kufr an-ni mah (disbelief in Allaah s Bounty and Blessing) could occur by not being grateful without rejection, so the one who does this is not taken outside the fold of Islam. (Ahkam al-qur an lil Jassaas) Here it is appropriate to attribute the saying to those many people who said the same and from them: al-baraa, Hudhaifah, ad-duhaak, Qataadah, Abu Saalih, Abu Mijlaz, Ubaidallah bin Abdullah bin Utbah bin Mas ood, and Abu Ya laa Al-Faraa. All of them stated: It is specific to the People of the Book, so with these eight, the number now reaches 27 scholars. 28- al-baydaawi has said: And whoever does not rule by what Allaah has revealed denying it and rejecting it -- then they are the Kaafirun (those who disbelieve in Allaah) due to their denial of it and rebellion against it by ruling with other than it. Because of this they are described with His saying: then they are the Kaafirun (those who disbelieve) and the Dhaalimun (wrong doers) and the Faasiqun (those who are disobedient). So their Kufr is due to their rejection of it, their wrongdoing is by their ruling contrary to it, and their disobedience is by their separating and removing themselves from it. (Tafseer Al-Baydaawi) 29- The commentator of at-tahaawiyyah has said: And here there is a matter which is imperative that it be explained, and that is ruling by other than what Allaah revealed can be Kufr which takes one outside the fold of Islam, or it can be a major or minor sin, and the Kufr can either be metaphorical or it can be minor Kufr. All of this depends on the condition of the ruler. So if he believes that ruling by what Allaah revealed is not obligatory and he has a choice in the matter, or he denies it while being sure that it is Allaah s judgement (that he should rule by), then this is major Kufr (disbelief). And if he believes that it is obligatory to rule by what Allaah revealed, he knows what that actually is in this circumstance, yet he still forgoes it knowing that doing so is deserving of punishment, then he is sinful, and it is called metaphorical Kufr or minor Kufr. (Sharh Aqeedah Tahaawiyyah) 30- Ibn Jawzee has said: And the point of this address is that whoever rules by other than what Allaah revealed, rejecting it, while knowing that it is Allaah Who revealed it just as the Jews did, then he is a Kaafir (disbeliever). Whoever rules by other than what Allaah revealed leaning towards his desires without rejecting it, then he is a Dhaalim (wrong doer) and a Faasiq (disobedient person). Alee bin Abee Talhah has narrated that Ibn Abbaas has said: Whoever rejects what Allaah has revealed has committed Kufr, and whoever affirms it but does not rule by it is a Dhaalim and a Faasiq. [Zaad Al-Masir] 31- And Shaikhul Islam Ibn Taymiyyah has said: And there is no doubt that whoever does not believe that it is obligatory to rule by what Allaah revealed to His messenger is a Kaafir (disbeliever). So whoever thinks that it is permissible to rule over the people with what he sees to be just while not being in accordance with what Allash revealed, then he is a Kaafir. There has never been a nation except that it was ordered to rule with justice, and justice in its (i.e. the nation s) religion was what it (i.e. the nation) saw to be justice. Even many of those who affiliate themselves with Islam rule with customs that Allaah, Page 7

8 The Glorified, The Exalted did not reveal, like the Bedouins of the past and their commanding for them to be obeyed. They believed that this was appropriate to rule by without the Book and the Sunnah, and this is the Kufr (disbelief). Many people accept Islam, but even with that, they still do not rule except with their traditional customs that they enforce. So if they know that it is not permissible to rule except with what Allaah revealed and they do not abide by that but rather make it permissible to rule with what is contrary to Allaah s judgement, then they are Kuffaar. If this is not the case (i.e. they don t know that it is not permissible to rule except with what Allaah revealed) then they are ignorant. (Minhaj As-Sunnah An-Nabawiyyah) He also said: And whenever people make permissible what is agreed upon to be not permissible, or make impermissible what is agreed upon to be permissible, or alter what is agreed upon to be legislation (Islamic Law), then they are an apostate Kaafir according to the consensus of the fuqahaa (scholars of fiqh), and this is one of the opinions regarding the meaning of Allah s saying: And whoever does not rule by what has Allaah revealed then they are the Kaafirun (those who disbelieve in Allaah) (Surah Maaidah 5: 44) Meaning making it permissible to rule by other than what Allaah revealed. (Majmoo Fatawaa Shaikhul Islam) 32- And the Imaam, the Allaamah Ibn Qayyim Al-Jawziyyah (rahimahullah) has said: And that which is correct is that ruling by other than what Allaah revealed encompasses two types of Kufr (disbelief): major and minor depending on the condition of the ruler. If he believes that it is obligatory to rule by what Allaah revealed in this case, yet he forgoes it disobediently and sinfully while knowing that doing so is deserving of punishment, then this is minor Kufr. If he believes that it is not obligatory and he has a choice in the matter while being certain that it is Allaah s judgement (that he should be ruling by), then this is major Kufr. If he is ignorant or has made a mistake, then the ruling of those who have made mistakes applies to him. (Madaarij As-Saalikeen) 33- al-haafith Ibn Katheer (rahimahullah) has said: And whoever does not rule by what has Allaah revealed then they are the Kaafirun (those who disbelieve in Allaah) (Surah Maaidah 5: 44) This is because they rejected Allaah s judgement intentionally, obstinately, and purposely. And He said here: So these it is that are the Thaalimun (wrong doers). That is because they did not distinguish between the one who is wronged and the one committing the wrong in a matter that Allaah has ordered justice and equity between them in, so they opposed that, committed wrong, and disobeyed. (Tafseer Al-Qur an Al-Kareem) 34- And the Allaamah of Shaam, Shaikh Jamaal al-qaasimee (rahimahullah) has said: The Kufr (disbelief) of the ruler who rules by other than what Allah revealed occurs due to his denial and rejection of it (i.e. Allaah s judgement). This is what most say and what is reported from Ikrmiah and Ibn Abbaas. (Muhaasin At-Ta weel) 35- The author of Manaar (rahimahullah) has said: Many of the Muslims have invented and innovated legislative systems and laws just as those before them invented and innovated. By their ruling with that, they have left off some of what Allaah revealed to them. Those that leave off the judgements that Allaah revealed in His Book without altering it and believing that it is correct, then what Allaah said about them in these three Ayaat (verses) is true or at least some of these Ayaat (verses) pertain to them, each based upon his condition: So whoever rejects the ruling on the punishment for theft, slander, or Page 8

9 fornication without any remorse for his repugnant views and believes that other than it from man made laws is better, then he is definitely, for certain a Kaafir (disbeliever). And whoever does not rule by it for another reason, then he is a Dhaalim (wrong doer) if he has neglected the truth or left off justice and equality in the matter. Otherwise (if it is less than this), he is only a Faasiq (disobedient person) And we see many of the religious Muslims believing that those who have ruling systems based upon man made laws are Kuffaar taking what is apparent of His saying, Ta aala: And whoever does not rule by what Allaah has revealed then they are the Kaafirun (those who disbelieve in Allaah) (Surah Maaidah 5: 44) Making Takfeer (taking one outside the fold of Islam) on the judge who judges by these laws and Takfeer on the leaders and sultans who use these laws. Since, even though they may not be aware of them all, they have permitted them to do so, and they are the ones who put the judges in their positions As for taking the Ayah (verse) on what is apparent, then no one from the well known Imaams of fiqh have said this, rather no one has said this ever!!! (Tafseer Manaar) 36- Shaikh Abu Hibbatullah Isma eel bin Ibraheem as-as aridee (rahimahullah) has said: Whoever believes that it is not obligatory to rule by what Allaah revealed to His Messenger and believes it permissible to rule over the people with what he sees to be just while not being in accordance with what Allaah revealed, then he is a Kaafir (disbeliever) If they know that it is not permissible to rule except by what Allaah revealed and still don t abide by it, but rather make it permissible to rule with what is contrary to what Allaah revealed, then they are Kuffaar (disbelievers), and if not then they are misguided, ignorant, and do not know. (Tahdheer Ahlul Eemaan An al-hukm Bi Ghairi maa Anzal ar-rahman) 37- The Shaikh, the Allaamah, ash-shinqeetee (rahimahullah) has said: Know that the main focus in this study is that Kufr, Thulm, and Fisq are each used in the shar (legislation) sometimes meaning sin and other times meaning Kufr which takes one outside the fold of Islam: And whoever does not rule by what Allaah has revealed in objection and opposition to the messengers and thwarting and invalidating the judgements of Allaah, then his Dhulm (wrong doing), Fisq (disobedience), and Kufr (disbelief) are all such that they take him outside the fold of Islam. And whoever does not rule by what Allsah has revealed believing that he is committing the Haram (an impermissible act) and a repugnant act, then his Kufr, Thulm, and Fisq do not take him outside the fold of Islam. (Adwaal Bayaan) 38- The Shaikh, the Allaamah as-sa dee (rahimahullah) has said: So ruling by other than what Allaah revealed is from the actions of the people of Kufr (disbelief). It may be Kufr which takes one outside the fold of Islam and that s if he believes it is permissible and allowed, or it may be a major sin. From the actions of Kufr are that which deserves severe punishment for the one who does so And whoever does not rule by what Allaah has revealed then they are the Kaafirun (those who disbelieve in Allaah) (Surah Maaidah 5: 44 ) Ibn Abbaas has said: Kufr less than Kufr, and Thulm less than Thulm, and Fisq less than Fisq. It becomes major Dhulm (wrong doing) when he believes that it its permissible and Page 9

10 a major sin when he does it while believing that it is not permissible. (Tayseer Al-Kareem Ar-Rahman) 39- The Shaikh, the Allaamah Muhammad bin Ibraheem (ramihahullah ta aala) has said: Whoever rules with it (meaning man made laws) or rather ruling with it believing that it is correct and permissible, then he is a Kaafir (disbeliever) having committed the Kufr which takes one outside the fold of Islam. If he does so without believing that it is correct and permissible, then he is a Kaafir having committed Kufr in action that does not take one outside the fold of Islam. (Majmoo Fatawaa) 40- The Mujaddid of the religion, The Imaam of Ahlus Sunnah, Abdul- Azeez bin Abdullah bin Baaz (rahmihahullah ta aala), may he be rewarded with the greatest reward of Islam and the Muslims, has said: Whoever rules by other than what Allaah revealed does not exceed four matters: 1- The one who says: I rule by this (meaning man made laws) because it is better than the Islamic Shari ah. He is a Kaafir having committed major Kufr. 2- The one who says: I rule by this because it is equal to the Islamic Shari ah, and ruling with it is permissible as well as ruling with the Shari ah is permissible. He is a Kaafir having committed major Kufr. 3- The one who says: I rule by this and ruling with the Islamic Shari ah is better, but it is still permissible to rule by other than what Allah revealed. He is a Kaafir having committed major Kufr. 4- The one who says: I rule by this and he believes that ruling by other than what Allaah revealed is not permissible and he says: Ruling with the Islamic Shari ah is better and it is not permissible to rule with other than it, but he is lenient and lax or he does so making a (mistaken) judgement, then he is a Kaafir who committed minor Kufr, and it does not take him outside the fold of Islam, but he has committed a major sin. (Qaydiyah At-Takfeer baina Ahlus Sunnah wa Firq Ad-Dalaal) And he (Shaikh bin Baaz) said: Whoever learns man made laws or institutes its teachings in order to rule by them, or to help others do that while having Eemaan (belief and faith) that it is not permissible to rule by other than what Allaah revealed, but his desires over take him or the love of wealth, then these types of people are, no doubt, Faasiqs. In them are Kufr, Thulm, and Fisq, but it is minor Kufr, minor Thulm, and minor Fisq. It does not expel them from the circle of Islam, and this statement is well known among the people of knowledge. It is the statement of Ibn Abbaas, Taawus, Ataa, Mujahid, and a group from the Salaf and the Khalaf as mentioned by al-haafith Ibn Katheer, al-baghawee, al- Qurtubee, and other than them. It was also mentioned by the Allaamah Ibn Qayyim (rahimahullah) in Kitaab as-salah And whoever learns man made laws or institutes its teachings believing that it is permissible to rule by it, regardless if he believes that the Shari ah is better or does not believe that, then this type is a Kaafir having committed major Kufr and the Muslims are unanimously agreed upon this. This is because by him making it permissible to rule with man made laws that contradict and are in opposition to the Shari ah, he has made permissible that which is known in the religion to be impermissible. Likewise, the same ruling applies to the one who makes fornication, intoxicants, and what is similar to this permissible because with this belief that they are permissible he has claimed that Allaah and His messenger have lied and he has opposed and resisted the Book and the Sunnah. Page 10

11 The scholars have unanimously agreed upon the Kufr of the one who makes permissible what Allaah has made impermissible or makes impermissible what Allaah has made permissible from those things that are well known in the religion by necessity. Whoever ponders upon the sayings of the scholars in all four Madhabs regarding apostasy, then what we mentioned will become clear to him. (Majmoo Fatawaa wa Maqaalaat Mutanawwi ah) And during a discussion on that which invalidates one s Islam, he said: Included in the fourth category are: Whoever believes that guidance of other than the prophet (sallallaahu Alaihi wasallam) is more complete than his guidance or that other than his judgement is better than his judgement, like those who prefer the judgement of Taaghuts over his judgement, then he is a Kaafir. Whoever believes that systems and man made laws which have been introduced by people are better than the Shari ah of Islam, or that it is equal to it, or that it is permissible to rule by it, or he believes that the Islamic system is not appropriate and practical to be used in the twentieth century, or that it is a cause of the Muslims division, or that it restricts the relationship between a person and his Lord and that it doesn t enter into the other affairs of life (are all entered into the fourth type). Also included in this fourth type is he who sees that enforcing the rule of Allaah regarding cutting off the hand of the thief and stoning the adulterer are not appropriate in modern day times. Also included in this is anyone who believes that it is permissible to rule with other than the Shari ah of Allaah regarding dealings, punishments, or otherwise, even if he does not believe that it is better than the judgement of the Shari ah. Because by this, he has made permissible that which there is total agreement upon that Allaah has made it impermissible, and anyone who makes permissible what Allah has made impermissible among the things that are well know in the religion by necessity, like fornication, intoxicants, interest (Ribaa), and ruling with other than Allaah s Shari ah, then he is a Kaafir (disbeliever) according to the unanimous agreement of the Muslims. (Al-Marji As- Saabiq) The Ummah (Muslim nation) was greatly pained and bereaved with the loss of the Shaikh just before Fajr, Thursday 1/27/1420 H. I was from those who prayed over the Shaikh after the Jumu ah prayer at the sacred Masjid Al-Haram in Makkah al-mukarramah. 41- And this opinion is also well known from the Muhaddith of the time, the Faqeeh, the Imaam, the Mujaddid of Islam, the Shaikh, the Allaamah, Naasiruddeen al-albaanee (rahimahullah ta aala). May Allaah reward him and his family with the most excellent reward in Islam. The opinion of the Shaikh has been published in the newspaper, ash-sharq al-awsat, and in the newspaper, al-muslimun, and Shaikh bin Baaz commented on the opinion of Shaikh al-albaanee and gave his support of what he mentioned in those two well-known newspapers. He (Shaikh bin Baaz) said: I have been informed about the valuable, beneficial answer of the virtuous Shaikh Muhammad Naasiruddeen al-albaanee, may Allaah grant him success, which was published in the newspaper, ash-sharq al-awsat, and the newspaper, al-muslimun, in which he gave an answer to the question about making Takfeer of the one who rules by other than what Allaah revealed without being specific (i.e. without looking into the specific case of the ruler). So he wrote a valuable statement and said that which is correct and the truth, he followed the path of the believers, and made it clear -- may Allaah grant him success -- that it is not permissible for anyone among the people to make Takfeer of the one who rules by other than what Allaah revealed by just merely not doing the action with out knowing that in his heart he believes it to be permissible. He (Shaikh al-albaanee) justified this with that which is Page 11

12 reported on Ibn Abbaas (radiallahuanhu) and other than him from the Salaf of this Ummah. And there is no doubt that what he mentioned in his answer was correct regarding the tafseer of His saying, Ta aala: And whoever does not rule by what Allaah has revealed then they are the Kaafirun (those who disbelieve in Allaah) (Surah Maaidah 5: 44) And whoever does not rule by what Allaah has revealed then they are the Dhaalimun (wrong doers) (Surah Maaidah 5: 45) And whoever does not rule by what Allaah has revealed then they are the Faasiqun (disobedient ones) (Surah Maaidah 5: 47) And he made clear, may Allah grant him success, that Kufr (disbelief) is of two types: Major and Minor just as Dhulm (wrong doing) is of two types and likewise Fisq (disobedience) is of two types: Major and Minor. So whoever believes that it is permissible to rule by other than what Allaah revealed, or in the permissibility of fornication, interest, or other than this from the impermissible acts that are agreed upon that it is impermissible, then he has committed major Kufr, major Thulm, and major Fisq. And whoever does these things without making it permissible then he has committed minor Kuf, minor Thulm, and Fisq is likewise. As in the statement of the Prophet (sallallaahu Alaihi Wasallam) in the hadeeth of Ibn Mas ood (radiallahuanhu): Reviling a Muslim is disobedience and fighting him is Kufr (disbelief). He (sallallaahu Alaihi Wasallam) meant by this minor Fisq and minor Kufr, and the expression is general as a deterrent from such vile and evil acts. Likewise his saying (sallallaahu Alaihi Wasallam): There are two things that people do that are Kufr: Speaking evil about one s lineage and wailing over the dead. (Related by Muslim in his Saheeh) And his (sallallaahu Alaihi Wasallam) saying: Do not revert to being Kuffaar after me, striking the necks of each other. (Al-Majallah As-Salafiyyah) The Ummah was greatly pained and bereaved with the departure of the Shaikh after Maghrib, Saturday 6/22/1420 H, and he was buried (rahimahullah) after the Ishaa prayer. 42- Then the statements of the two Imaams, al-albaanee and bin Baaz, May Allaah have mercy on them both, were read to Uthaymeen and he approved of them and supported them. So this is the saying of the Imaams of Islam of the past and the present on this momentous and grave issue, so what is there after the Haqq (truth) except for falsehood and misguidance?!!! (Ruling by Other Than What Allaah Revealed and the Fundamentals of Takfeer) Page 12

13 Fourth: The one who calls to having knowledge of the unseen along with Allaah having knowledge of the unseen and the proof is His saying, Ta aala: (He alone is) The All-Knower of the unseen (Ghaib), and He reveals to none His unseen (Ghaib). Except to a messenger whom He has chosen, and then He makes a band of watching guards (Angels) to march before him and behind him. (Surah Jinn 72: 26-27) And His saying, Ta aala: And with Him are the keys of the Ghaib (unseen), none knows them but He, and He knows whatever there is in the land and in the sea; not a leaf falls, but He knows it. There is not a grain in the darkness of the earth nor anything fresh or dry but it is in a clear record. (Surah An aam 6: 59) Fifth: The one who is worshipped as a deity besides Allaah and he is pleased with that worship, and the proof is His saying, Ta aala: And if any of them should say: Verily, I am an Ilah (Deity) besides Him (Allaah), such a one We will recompense with Hell. Thus We recompense the Dhaalimun (wrong doers). (Surah Anbiyaa 21: 29) So know and understand that no one from mankind becomes a Mu min (believer) in Allaah unless he has Kufr (total disbelief) in Taaghut (everything that is worshipped other than Allaah), and the proof is His saying, Ta aala: Verily, the right path (ar-rushd) has become distinct and separate from the wrong path (al-ghay). So whoever has Kufr (total disbelief) in Taaghut (everything that is worshipped other than Allaah) and Eemaan (faith and belief) in Allaah, then he has grasped the most trustworthy handhold that will never break. And Allaah is All-Hearer, All-Knower. (Surah Baqarah 2: 256) Ar-Rushd (the right path) is the Deen (religion) of Muhammad (sallallaahu Alaihi Wasallam), and al-ghay (the wrong path) is the Deen of Abu Jahl. 3 The most 3 The Deen (religion) of Abu Jahl is belief in Tawheed ar-ruboobiyyah (Tawheed of Allaah s Lordship) while not believing in and negating Tawheed al-uloohiyyah (Tawheed of Allaah s worship). His eminence, Shaikh Saalih al-fawzaan (hafidhahullah) has stated in his Explanation of the Four Principles : So Tawheed isn t merely affirming Tawheed ar-ruboobiyyah as the scholars of theological rhetoric and philosophy say in their ideology. They believe and affirm that Page 13

14 trustworthy handhold that will never break is the bearing witness that La ilaha ill Allaah (none has the right to be worshipped in truth except Allaah), and this statement is comprised of negation and affirmation. It is a negation of all types of worship that are for other than Allaah, and an affirmation that all types of worship in its totality are for Allaah alone without ascribing any partners to Him. THE END Tawheed is only the affirmation that Allaah is al-khaaliq (The Creator), ar-raaziq (The Provider), al-muhyee (The One Who gives life), al-mumeet (The One Who causes death). They say: One in His essence, He has no division to Him. One in His attributes, He has none resembling Him. One in His actions, He has no partner, and this is Tawheed ar-ruboobiyyah. Return to any of the books of the scholars of theological rhetoric and you ll find that they don t exceed the scope of Tawheed Ar-Ruboobiyyah. This is not the Tawheed that Allaah sent the Messengers with, and this affirmation by itself does not benefit the one who adheres to it. That is because, this is what the Mushrikun (those who commit shirk) and the leaders of disbelief affirm, but it doesn t disembark them from (that) and take them out of Kufr (disbelief) nor does it enter them into Islam, and this is a grave error. Whoever believes this ideology hasn t surpassed the ideology of Abu Jahl and Abu Lahab. This is the condition we find some of the intellectuals and educationalists in today. They only affirm Tawheed ar-ruboobiyyah. They do not go into Tawheed al-uloohiyyah, and this is a grave error regarding the meaning of Tawheed. As for Shirk, they say: It is to believe that someone creates along with Allaah or provides along with Allaah. We say: This is the saying of Abu Jahl and Abu Lahab. They (i.e. Abu Jahl and Abu Lahab) never said: That someone creates along with Allaah and provides along with Allaah. Rather they affirmed that Allaah is al-khaaliq (The Creator), ar-raaziq (The Provider), al-muhyee (The One Who gives life), al-mumeet (The One Who causes death). (Explanation of the Four Principles) Page 14