|Rulling on Man-made Laws|
|Islam - Shirk, Haraam & its forms|
|Written by Administrator|
|Saturday, 12 April 2008 23:31|
The kufr of those who rule by man-made laws
Praise be to Allaah.
Yes, we must make this distinction. The one who rejects the law of Allaah and casts it aside, and replaces it with man-made laws and the opinions of individuals has committed an act of kufr which puts him beyond the pale of Islam.
Whereas the one who adheres to the religion of Islam, but is a sinner and wrongdoer by virtue of his following his whims and desires in some cases, or pursuing some worldly interest, but admits that he is a wrongdoer by doing so, is not guilty of kufr which would put him beyond the pale of Islam.
Whoever thinks that ruling by man-made laws is equal to ruling by sharee’ah, and thinks that it is OK to do that, is also guilty of kufr that puts him beyond the pale of Islam, even if it is only in one instance.
Shaykh ‘Abd-Allaah al-Ghunaymaan
Ruling on one who rules by something other than that which Allaah has revealed
The rulings on those who rule by something other than that which Allaah has revealed vary according to their beliefs and actions. Whoever rules by something other than that which Allaah has revealed, thinking that it is better than the sharee’ah of Allaah, is a kaafir according to all the Muslims. The same applies to the one who refers for judgement to man-made laws instead of the laws of Allaah and thinks that this is permissible. Even if he says that referring for judgement to the sharee’ah is better, he is still a kaafir because he has permitted that which Allaah has forbidden.
But the one who rules by something other than that which Allaah has revealed because he is following his own whims and desires, or because of a bribe, or because there is enmity between him and the one against whom judgement is being passed, or for other reasons, knowing that he is disobeying Allaah by doing so and that he should refer to the laws of Allaah for judgement, is considered to be a sinner, one who is guilty of a major sin. He is considered to have committed an act of lesser kufr, lesser wrongdoing (zulm) and lesser rebellion (fisq), as was narrated from Ibn ‘Abbaas (may Allaah be pleased with him), and from Taawoos and a group of the righteous salaf. This is well known to the scholars. And Allaah is the Source of strength.
Majmoo’ Fataawa wa Maqaalaat Mutanawwi’ah li Samaahat al-Shaykh al-‘Allaamah ‘Abd al-‘Azeez ibn ‘Abd-Allaah ibn Baaz (may Allaah have mercy on him), vol 4, p. 416
Are the scholarly differences concerning ruling by laws other than those revealed by Allaah to be taken into account?
With regard to ruling according to laws other than those revealed by Allaah, whilst acknowledging that the ruling of Allaah is more complete and more perfect, and more beneficial to mankind than any other (law), a group of scholars said that this is a lesser form of kufr.
But giving preference to man-made laws and giving them precedence over the laws (sharee’ah) of Allaah, and believing that the laws of Allaah are not suitable for our times, for example, this is a form of major kufr which puts a person beyond the pale of Islam.
The dispute among the scholars in this case has to do with the person who judges according to laws other than those revealed by Allaah, whilst still believing that the laws of Allaah are more perfect and more fitting – is he guilty of major kufr or a lesser form of kufr?
Because Allaah has described those who rule according to laws other than His in different ways, sometimes as kaafirs, sometimes as faasiqoon (evildoers), sometimes as zaalimoon (wrongdoers). This is to be interpreted either as referring to different cases in which people rule according to laws other than those revealed by Allaah, or as meaning one and the same thing, because the kaafir is also a faasiq and a zaalim.
Shaykh ‘Abd al-Kareen al-Khudayr
Referring for judgement to a kaafir judge or an imaam who, although wise, is not a scholar
Praise be to Allaah.
We put this question to Shaykh Muhammad ibn Saalih al-‘Uthaymeen, may Allaah preserve him, who answered as follows:
Firstly – may Allaah bless you – if the people at the Da’wah centre agree that matters may be referred to them, then this is OK. This is a duty upon them, because we should refer things to Muslims for judgements.
But with regard to the issue of giving up custody – if the mother gives up custody – this does not need the ruling of a judge. If she states that, this is sufficient for it to become binding.
As for spending on the children, so long as they are going to go back to their father when the mother gives up her right to custody, he is going to spend on them anyway.
If the kaafir judge rules that the father has to spend on them whilst they are with their mother, is this considered to be binding?
Even if the judge does not state that the father has to spend on them, it is still his obligation according to sharee’ah.
But the amount?
The amount is to be determined by ‘Urf (local custom).
So if the amount stipulated by the kaafir judge is in accordance with ‘Urf, is it binding on him?
It is binding on him not because it is the ruling of the judge but because it is ‘Urf.
If the husband and wife agree to refer to a Muslim for judgement, is his ruling binding on them? In the West, the imaam may be a person who is not religious, so can they refer to him for judgement?
If there is no one else available, then it is OK, but the fuqaha’ have stated the condition that he should be fit to judge, meaning that he should have knowledge of sharee’ah, but if there is no one else, let them fear Allaah as much as they can.
There may be no one there at all who knows about passing judgement, but if there is a wise Muslim man?
If they ask him to judge between them on the basis that he is going to bring about a reconciliation, this is OK.
But if we say that it is only for reconciliation, his words will not be binding?
No, but if he passes a judgement and they agree to it, then it will become binding. Every reconciliation that the two parties agree to is binding because of the hadeeth: “Reconciliation is permissible among Muslims”. And Allaah knows best.
Ruling on teaching man-made laws
Praise be to Allaah.
Teaching man-made laws or studying them in order to explain their falseness and to distinguish what is right from what is wrong, and to demonstrate the superiority of Islamic sharee’ah and to show that it is complete and encompasses everything that is in people’s interests with regard to their worship and their interactions with one another is permissible, and may be obligatory if circumstances call for it, in order to demonstrate what is true and what is false and to explain that to the ummah and make them aware of that so that they will adhere to their religion, and will not be deceived by the specious arguments of the deviants and those who promote the rule of man-made laws. It is permissible to take payment for this kind of work.
But with regard to teaching man-made laws because one likes them and wants to promote them, and prefers them to Islamic laws, and opposes Islamic laws, this is a challenge against Allaah and His Messenger, and is blatant kufr and a deviation from the straight path. Taking payment for this is haraam and is evil upon evil. We ask Allaah to keep us safe and sound and we seek refuge in Him from misguidance.
And Allaah is the Source of strength. May Allaah send blessings and peace upon our Prophet Muhammad and his family and companions.
From Fataawa al-Lajnah al-Daa’imah, 23/497.
Ruling on studying man-made laws
Praise be to Allaah.
There is no doubt that Allaah has enjoined upon His slaves to rule according to His sharee’ah and to refer to it for judgement, and He has warned against ruling by any other laws and has stated that this is the characteristic of the hypocrites. He has also stated that any rule other than His rule is the rule of Jaahiliyyah (ignorance) and that there is nothing better than His rule. Allaah tells us that people do not truly believe until they refer to His Messenger (peace and blessings of Allaah be upon him) for judgement in all disputes between them, and find in themselves no resistance against his decisions, and accept (them) with full submission. In Soorat al-Maa'idah Allaah tells us that ruling by anything other than that which He has revealed is kufr (disbelief), wrongdoing and evildoing. All these things that we have mentioned here are clearly stated by Allaah in His Book.
With regard to those who study and teach man-made laws, they fall into different categories:
Those who study it or teach it in order to understand its real nature, or to understand the superiority of sharee’ah to these laws, or to benefit from it in ways that do not go against sharee’ah, or to benefit others in such ways. It seems that there is no sin on the one who does this, indeed he may be rewarded for that if he seeks to expose its faults and demonstrate the superiority of sharee’ah.
The ruling on people in this category is the same as the ruling on those who study the rulings on riba and the various kinds of alcohol and gambling, and false beliefs, or who teach about such matters so that he may know them and the Islamic rulings on them, or he may inform others of that, whilst also believing that they are haraam, just as those in this category who study law believe that man-made laws which go against the laws of Allaah are haraam.
They do not come under the same ruling as those who learn or teach witchcraft and the like, because witchcraft is haraam in and of itself, as it involves shirk and worship of the jinn instead of Allaah. So the one who learns it or teaches it to others only attains it by means of shirk, unlike the one who studies law or teaches it to others, not because he thinks that it is permissible, but for a permissible or Islamically prescribed purpose, as stated above.
Those who study law or teach it to others in order to pass judgements thereby or to help others to do so, even though they believe that it is haraam to rule by anything other than that which Allaah has revealed. But their desires or love of money makes them do that. These people are undoubtedly doing wrong and they are committing kufr, wrongdoing and evil, but it is minor kufr, minor wrongdoing and minor evil that does not put them beyond the pale of Islam.
This view is well known among the scholars. It is also the view of Ibn ‘Abbaas, Tawoos, ‘Ata’, Mujaahid and a number of the earlier and later generations, as was stated by al-Haafiz ibn Katheer, al-Baghawi, al-Qurtubi and others. The great scholar Ibn al-Qayyim (may Allaah have mercy on him) also mentioned something similar in his book Kitaab al-Salaah. Shaykh ‘Abd al-Lateef ibn ‘Abd al-Rahmaan ibn Hasan (may Allaah have mercy on him) wrote an excellent essay on this topic which has been published in the third volume of al-Rasaa’il al-Oola.
Those who learn and teach man-made systems of law are likened to those who learn about different kinds of riba, alcohol and gambling and teach them to others for some whims and desires of their own or because of their greed for money, even though they do not regard that as permissible.
They know that all dealings involving riba are haraam, just as they know that drinking intoxicants and gambling are haraam, but because they are weak in faith and are overwhelmed by whims and desires or greed for money, their belief that these things are haraam does not stop them from dealing in these forbidden things. According to the belief of Ahl al-Sunnah, they are not regarded as kaafirs because of their dealing in those things, so long as they do not believe that that is permissible.
Whoever studies or teaches manmade laws and believes that ruling by them is permissible, whether he believes that sharee’ah is superior to them or not, is a kaafir in the sense of major kufr, according to the consensus of the Muslims, because by believing that it is permissible to rule by man-made laws that go against sharee’ah he is regarding as permissible something that no Muslim has any excuse for not knowing that it is haraam.
So he comes under the same ruling as one who regards adultery or alcohol etc as permissible, and because by believing these laws to be permissible he is disbelieving in Allaah and His Messenger and rejecting the Qur’aan and Sunnah.
The scholars of Islam are unanimously agreed that the one who regards as permissible something that Allaah has forbidden, or regards as forbidden something that Allaah has permitted, which is well known in Islam and no Muslim has any excuse for not knowing it, is a kaafir. Whoever studies the words of the scholars of all four madhhabs on the rulings on apostates will understand what we have said clearly.
Majmoo’Fataawa al-Shaykh Ibn Baaz, 2/325-331.
She is using man-made laws to prevent her husband from marrying again
Praise be to Allaah.
It is not permissible to refer for judgment to anything but the sharee’ah of Allaah, because Allaah says (interpretation of the meaning):
“But no, by your Lord, they can have no Faith, until they make you (O Muhammad صلى الله عليه وسلم) judge in all disputes between them, and find in themselves no resistance against your decisions, and accept (them) with full submission” [al-Nisa’ 4:65].
Ibn Katheer (may Allaah have mercy on him) said: Allaah swears by His Divine Self that no one truly believes unless he makes the Messenger (peace and blessings of Allaah be upon him) judge in all his affairs. What he rules is the truth which must be followed both inwardly and outwardly. Hence He says “and find in themselves no resistance against your decisions, and accept (them) with full submission” i.e., if they refer to you for judgement and obey you inwardly so that they find in themselves no resistance against your ruling, and they follow it outwardly and inwardly, then submit to that fully with no objection, resistance or argument, as it says in the hadeeth: “By the One in Whose hand is my soul, none of you (truly) believes until his desire is in accordance with what I have brought.” End quote.
Tafseer Ibn Katheer (1/532).
Ibn ‘Uthaymeen (may Allaah have mercy on him) said: This oath begins with the words Fa laa (But no) which is used for emphasis, then Allaah swears by the most specific type of Lordship – which is the Lordship of Allaah to His Messenger – that the one who does not do the following things has no faith:
1 – Referring for judgement to the Messenger (peace and blessings of Allaah be upon him), because He says “until they make you (O Muhammad صلى الله عليه وسلم) judge”. The one who seeks judgement from anyone other than Allaah and His Messenger is not a believer, and is either a kaafir who is beyond the pale of Islam or a kaafir in the sense of lesser kufr.
2 – Contentment with and acceptance of his ruling, so that they do not find in themselves any resistance against what he has decreed, rather they accept it and are content with what the Prophet (peace and blessings of Allaah be upon him) has decreed.
3 – That they accept with full submission, i.e., submit totally.
Beware, O Muslim, of cancelling out your faith. End quote.
See: Sharh al-Waasitiyyah by Ibn ‘Uthaymeen, p. 181/182.
What this sister – in whom it seems that there is a great deal of good, based on what it says about her in the question, such as that she wears hijab – should do is refer for judgement to someone who can judge between her and her ex-husband on the basis of the laws of Allaah.
We advise her to try again to set things straight and try to re-marry her husband, as that is in the interests of their daughter.
As for the answer to the questions that are mentioned:
1. Divorce occurs when the husband utters the word of divorce and it does not need a ruling from a shar’i judge let alone a ruling from one who does not rule in accordance with that which Allaah has revealed.
2. It is not permissible to turn to man-made laws in order to prevent a man from doing that which Allaah has permitted; that is a transgression against him and is wronging him. This sister should fear Allaah and remember that wrongdoing will be darkness on the Day of Resurrection.
3. After the end of the ‘iddah, the divorced woman is not entitled to any maintenance or accommodation. Ibn Qudaamah said in al-Mughni (7/145): Accommodation and maintenance are only due to a woman from her husband in the case of a revocable divorce. End quote.
4. If it is known that she is not entitled to any maintenance or accommodation, then what she is taking from the man on the orders of the court, which is not given by him willingly, is haraam, because Allaah says (interpretation of the meaning):
“O you who believe! Eat not up your property among yourselves unjustly except it be a trade amongst you, by mutual consent” [al-Nisa’ 4:29].
And because the Prophet (peace and blessings of Allaah be upon him) said: “Every Muslim is sacred to his fellow-Muslim, his blood, his wealth and his honour.” Narrated by Muslim.
Based on that, she should return it to him or ask him to let her off.
5. Custody of the daughter before she reaches the age of seven years is her mother’s right, so long as she is Muslim and trustworthy, and has not remarried. Imam Ibn Qudaamah (may Allaah have mercy on him) said in al-Mughni (8/190): If the couple separate, and they have a child who is still a minor or disabled, his mother has the most right to custody of him if she fulfils all the conditions, whether the child is male or female. This is the view of Yahya al-Ansaari, al-Zuhri, al-Thawri, Maalik, al-Shaafa’i, Abu Thawr, Ishaaq and ashaab al-ra’y, and we do not know of anyone who disagreed with them. End quote.
6. Maintenance of the daughter is a shar’i obligation on her father, even if she is in her mother’s custody, because of the report narrated by al-Bukhaari and Muslim from ‘Aa’ishah, that Hind bint ‘Utbah said: O Messenger of Allaah, Abu Sufyaan is a miserly man who does not give me enough for myself and my child, except for that which I take without his knowledge. He said: “Take that which will suffice for you and your child, on a reasonable basis.” This indicates that the maintenance of the children is their father’s duty, and that the maintenance should be based on what is sufficient, and she has no right to take more than what is sufficient.
And Allaah knows best.
|Last Updated on Saturday, 12 April 2008 23:38|