12-27-2003, 09:37 PM
Statements of the Scholars Regarding the Replacers of the Sharee’ah
Our scholars have spoken about the Kufr of these religions and void legislations -- and they judged those who legislate it and act upon it, to be disbelievers and apostates.
Ibn Hazm (Rahimahullaah) said “Whoever rules by the Gospel in issues where there is no text from revelation in the Sharee’ah of Islaam, then he is a Kaafir Mushrik outside of Islaam.” (Ihkaam al-Ahkaam Fee Usool al-Ahkaam 5/153)
Also, Ibn Taymeeyah (Rahimahullaah) said, “Its known by necessity from the religion of the Muslims and by the agreement of all the Muslims, that he who permits the following of a religion other than the religion of Islaam or following a law other than the Sharee’ah of Muhammad (Sallallaahu 'Alayhi wa Sallam), then he is a Kaafir.” (Majmoo' al-Fataawaa 28/524)
And he similarly says, “The Sharee'ah revealed from Allaah (Ta’aalaa), which is the Qur’aan and Sunnah that Allaah sent His Messenger with, no one from the creation is allowed to leave it. And no one leaves it but a Kaafir.” (Majmoo' al-Fataawaa 11/262)
And he says, “Whenever a person legalizes what is illegal by consensus or illegalizes what is legal by consensus or replaces the Sharee'ah that is agreed upon by consensus, then he is a Kaafir by the agreement of the scholars of Fiqh.” (Majmoo' al-Fataawaa 3/267)
Ibn Katheer (Rahimahullaah) says “So whoever leaves the clearcut Law revealed to Muhammad bin ‘Abdillaah the final of the Prophets, and refers to other sources for judgment, such as abrogated laws, then he is a Kaafir.” (al-Bidaayah wan-Nihaayah 13/119)
‘Abdil-Lateef bin ‘Abdir-Rahmaan Aal ash-Shaykh says, “Whoever refers to something other than the Qur’aan and Sunnah for judgment, after it being clarified to him, then he is a Kaafir. Allaah (Ta’aalaa) Says, {And whoever rules by other than what Allaah Revealed, then they are disbelievers.} and Allaah Says, {Do they hope for other than Allaah…}” (ad-Durar as-Saneeyah 8/241)
‘Abdullaah bin Humayd says, “Whoever legislates a law, which is general and enforced upon the people, opposing the law of Allaah, then he has left Islaam as a Kaafir.” (Ahammiyat al-Jihaad pg. 196)
Muhammad bin Ibraaheem Aal ash-Shaykh says, “Verily from the Major clear cut Kufr is giving to the accursed manmade laws the position of that which the faithful spirit descended upon the heart of Muhammad that he should be a warner in the clear Arabic tongue, judging by it between the nations, and referring back to it when there is a disagreement, in contradiction to, and obstinate rejection of, Allaah, the Mighty and Exalted’s saying: {If you differ in anything among yourselves, refer it to Allaah and His Messenger, if you do believe in Allaah and the Last Day. That is best and more suitable for final determination.} (an-Nisaa’ 4:59) Allaah the Most Perfect and High has negated the belief of those who do not make the Prophet the judge in that about which they differ – strengthening the negation by repeating it and swearing upon it, He says: {But no, by your Lord, they can have no belief, until they make you a judge in all disputes between them, and find no resistance in themselves against your judgments, and instead submit wholeheartedly.} (an-Nisaa’ 4:65)” (Risaalat Tahkeem al-Qawaaneen)
He also mentioned in the same treatise that from the greatest types of Major Kufr of this nature, is what the modern apostates have fallen into, he said:
“Fifth: This is the greater, more comprehensive and obvious form of stubborn rejection to the Sharee’ah and haughty rejection of its rulings and showing dissent of Allaah and His Messenger, and challenging the courts of Islaamic Law, in its setting-up, maintenance, provisions, foundations and its branches, forms, types, its judgment and compulsion, references and sources. So just as the Sharee’ah courts have references and sources upon which they depend – all depending upon Allaah’s Book and the Sunnah of His Messenger – then in the same way the law-courts of the manmade laws have their sources: laws patched together from many different law-systems, like French laws, American laws, British laws, etc. and from the systems of innovators who claim allegiance to the Sharee’ah, etc. So these law-courts are now present in many Muslim lands, complete and established, with open doors and the people flock thereto in throngs; their judges give judgments going against the judgments of the Book and Sunnah – according to their own laws and making these pronouncements binding and agreeing thereto and making them unalterable, so what Kufr is greater than this, and what can be a greater contradiction of the testification that Muhammad is the Messenger of Allaah?”
Ash-Shaykh ash-Shinqeetee says in ‘Adwaa’ al-Bayaan “The strange thing is from those who rule by other than the Sharee’ah of Allaah, and then thereafter claims Islaam. Like Allaah (Ta’aalaa) Says, {Do you not see those who claim they believe in what was revealed to you and what was revealed before you? They wish to refer to false gods for judgment although they were commanded to reject them? Satan wishes to deviate them very far.} And He Says, {Whoever rules by other than what Allaah Revealed, then they are the disbelieves.} And He Says, {Should I seek someone other than Allaah as a judge although it is He who revealed to you the book that is detailed? Those who were given the book by Us know that it was revealed with truth by your Lord, so do not be from the doubters.}” (3/441)
And he said (Rahimahullaah) “Those who follow the laws of the legislators instead of the Sharee’ah of Allaah, are Mushriks associating partners with Allaah.” (4/82-83)
Shaykh Ahmad Shaakir says, “These manmade laws were forced upon the Muslims by the enemies of Islaam, who are public with their enmity. These laws, in reality, are another religion that they gave to the Muslims as a replacement to their pure and heavenly religion (of Islaam). This is because they obligated upon the Muslims obedience to this law, and planted in their hearts sanctification of it and fanaticism to it, to the point that many tongues and pens utter ‘sanctification of the law’, ‘holiness of the judgment’, ‘sacredness of the court’. They use many similar descriptions regarding manmade law which they refuse to describe the Islaamic Law by and the opinions of the Islaamic scholars of Fiqh. Instead, when they describe it, they call it reactionary, barbaric, clergy law, law of the jungle, etc.” (‘Umdat at-Tafseer 3/214)
He also says, “The matter of these manmade laws is clear as the clarity of the sun, it is open and clearcut Kufr which there is no secret or flattery about. There is no excuse for anyone who ascribes to Islaam, whoever he may be, to act upon it, or submit to it, or recognize it. So each person should be careful for himself and take note of himself.” (‘Umdat at-Tafseer 4/174)
Shaykh Muhammad Haamid al-Faqqee says, “What we can summarize from the words of the Salaf is that Taaghoot is all that deviates the slave and turns him from worshipping Allaah, being sincere in religion to Allaah, and obeying Allaah and His Messenger. This is whether that person or thing is a devil from the humans or Jinn, or if that thing is a tree or rock, etc. What is also included amongst Taaghoot, without doubt, is ruling by manmade laws which are foreign to Islaam in affairs of life, marriage, divorce, and ownership, to invalidate the Laws of Allaah, like establishment of the prescribed punishments, prohibition of interest, adultery, fornication, intoxicants, etc. These things which the manmade laws decided to legalize and defend by means of its makers and implementers. So, the laws themselves are Taaghoot, as well as those who legislate and make these laws.” (Footnotes to Fath al-Majeed)
So now we know that the law which prevails in the lands of the Muslims is a Taaghoot law and that our rulers are Taaghoot and disbelievers. They are from the worst of disbelievers and most harsh of them, for they not only ruled by the law of satan, but also declared that Allaah Exalted has no right to legislate and rule. This is clear because every single country has written in its constitution “Siyaadah (authority) is for the people.” Siyaadah in their false religion means the same as as-Sayyid (the Master) in the Religion of Allaah (Ta’aalaa), meaning the God. Because Siyaadah in their definition means unrestricted authority which has the right to determine the goodness or evil of all things and actions. In other words it is an authority to legalize and illegalize, which is the meaning of al-Haakim (The Ruler) and al-Ilaah (the God) and the one who is worshipped, as previously mentioned.
Regarding those countries which claim that they have not written manmade laws or constitutions, and claim to rule by the Qur’aan and Sunnah, then it is said to them:
What great liars and deceitful people you are, since your reality is the same as those countries which have written down constitutions and laws. Your similarity to them is like that of one crow to another. Then you claim that you did not place the authority in the hand of the people, and you did not claim that authority is for other than Allaah. So now you setup a Shooraa committee, changing the names of things to fool people only, and you have unified this committee with the parliamentary Shirk committees like the rest of your brothers. And now you enter into every single Kaafir institution like the Arab Conference and the United Nations, etc. Then you obligated the same laws from the Kufr manmade laws and constitutions, by which you legalize what Allaah Prohibited and illegalized what Allaah Permitted. You named these laws ‘regulations’, changing names although the reality is the same. So you legalized interest, and now the interest based banks are visible there with their gates wide open. So it is said to you, based upon what law was this type of action made permissible? Neigh this country we are referring to is the single country in the world which prevents the formation of what is called Islaamic banks.
Like this, oh truthful questioner, you see that our countries are ruled by apostate disbelieving governments and by disbelieving apostate rulers. And you see that they have legislated for the people a religion and forced upon the people to enter into it and comply by it.
Also these rulers gave friendship and alliance to the enemies of Allaah and at the same time gave enmity to the people of Islaam. Every single one of these rulers brings the Mushriks close to themselves, giving them friendship and alliance, aid and support, and defense. It is not permitted in the country of these rulers to ever curse these disbelievers nor to declare one’s hatred of them. They forced certain harsh punishments for anyone who dares to curse these Mushriks or their religions.
Amongst the forms of support and friendship they have given is that they made covenants of military and security pacts with them, which makes them into one religion and path. This is because the greatest form of friendship/alliance is support and aid. Allaah (Ta’aalaa) Says, {Oh you who believe, do not take the Jews and Christains as friends/allies, they are friends/allies of each other. Whoever does that amongst you then he is one of them, indeed Allaah does not guide the oppressive peoples.}
Ibn Jareer at-Tabaree said in the interpretation of the same verse, “So whoever befriends them, allies with the, and supports them against the believers then he is one of the followers of their religion and way. This is because no one befriends/allies anyone else unless he is pleased with their religion. So if he is pleased with them and their religion then he has enmity to what opposes it and hates it. So his ruling is that he is one of them.” (6/277)
Now we know the Kufr of these rulers due to this cause. So these rulers gave power to the Mushriks, Jews and Christians in the Muslim Lands. Also, another example of friendship/alliance that these apostates have fallen into is obedience to the Mushriks, by submitting to them, following their laws, and joining their groups, which are the institutions following the religion of Satan, like humanitarianism. This is like their belief, ‘there is no difference between people because of religion.’ So they called to equality between the Muslims and Mushriks under the banner of humanitarianism which was propagated by the Jews amongst these animals. And Allaah (Ta’aalaa) has cut the friendship/alliance of the Muslim to a Mushrik and obligated upon him to hate the Mushrik and his religion. Allaah (Ta’aalaa) Says, {Oh you who believe, do not take your fathers and brothers as friends/allies if they prefer disbelief over belief. Whoever among you allies and befriends them, then they are the oppressors.} So in this verse, Allaah Cut off all relationships of friendship/alliance between the believer and his Kaafir father or brother. So nevermind the foreigner? This also clarifies the deviance and Kufr of what is falsely called, in our lands, ‘brotherhood of citizenship.’ For under the claim of citizenship, the constitutions and laws of the lands, which are ruled by these apostates, specifies the equality of all the people of a particular land without recognizing the differences of religion and belief. They say, ‘The religion is for Allaah, but the nation is for everyone.’ And what it means is that the law of citizenship does not differ between people due to belief or religion. So the Muslim and Kaafir are equal with them, and Allaah Placed those who ally/befriend the Kuffaar equal in rule. Allaah (Ta’aalaa) Said, {And those who disbelieve are friends/allies of each other.} And from what the Prophets were united upon in conveying to the people was disavowal from the Mushriks, like Allaah (Ta’aalaa) described regarding the father of the Prophets (‘Alayhis-Salaam) {There has already been for you an excellent example to be followed in Ibraaheem and those with him, when they said to their people, "Indeed we are disassociated from you and from whatever you worship other than Allaah. We have rejected you, and there has started between us and you animosity and hatred forever until you believe in Allaah alone."} (al-Mumtahinah v. 4)
Now look at these cursed ones, see what they have done with the Muslims and the callers to Allaah -- they have hung the gallows, filled the jails, and expelled them from their lands. So every country has callers to Allaah who were put through tribulations, so they were jailed, tortured, and killed. They did not hurt them, except for the fact they believed in Allaah, al-‘Azeez al-Hameed (The Mighty and Praised). They only expelled the youth because of their purity, like Allaah (Ta’aalaa) Says regarding Loot, {Expel them from your city, for they are a people who purify themselves.}
So these rulers have left the religion of Allaah from these doors and other doors, and this is a necessary piece of knowledge which no Muslim should be ignorant of.