Saturday, August 4, 2012

Celebrating Any Yearly Festival Other than Two Eids

At first, we will see the following three narrations -

  • Our beloved Allah's Messenger Muhammad (sallallaahu ’alayhi wa sallam) issued a stern warning: "Whoever imitates a nation is one of them!"
    - Abu Da'oud's Sunan
  • "Narrated by Anas bin malik (rd) when Allah's Messenger (sallallahu alaihi wa sallam) came (to madina), they have two days for festival. He (sallallahu alaihi wa sallam) asked what is the significance of these two days. They said - during the time of jahiliyya we celebrated on these two days (Nowruz & Mehregan). Allah's Messenger (sallallahu alaihi wa sallam) said - Allah has given you better than these- Eid ul Fitr & Eid ul Adha"
    - Abu Da'oud's Sunan
  • Narrated from 'Abdullaah bin 'Amr (rd) who said, "Whoever resides in the land of A'ajm [Non-arab (here, it meant non-muslims)] and enjoys/joins their (kuffar's) Nowruz (new year festival/1st day of spring), or Mehregan (harvest festival/1st day of Autumn) (neeruujhahum wa mihirjaanahum); and imitates them, (even) he(/she) remains (indulged in) similar (activities) till death; (then) on the resurrection ('Qiyaamah) day, his(/her) judgement ('Hashr) will be with them (non-muslims)." 
    [Bayha'qee; according to the verification of Sk Mu'hammad Ibraaheem its Sanad (chain) is Saheeh]
  • Allah's Messenger (sallallahu alaihi wa sallam)  said, "I am disavowed from every Muslim who resides amongst the backs of the polytheists (Mushrikin). Their fires should not be seen." - Abu dawood's Sunan
Ibn al-Qayyim (may Allaah have mercy on him) said: it is not permissible for the Muslims to attend the festivals of the mushrikeen, according to the consensus of the scholars whose words carry weight. The fuqaha’ who follow the four schools of thought have stated this clearly in their books… Al-Bayhaqi narrated with a saheeh isnaad from ‘Umar ibn al-Khattaab that he said: “Do not enter upon the mushrikeen in their churches on the day of their festival, for divine wrath is descending upon them.” And ‘Umar also said: “Avoid the enemies of Allaah on their festivals.” Al-Bayhaqi narrated with a jayyid isnaad from ‘Abd-Allaah ibn ‘Amr that he said: (Same as 3rd narration) (Ahkaam Ahl al-Dhimmah, 1/723-724). 

Tuesday, May 1, 2012

Referring for judgement to courts of man-made law in cases of necessity

Question:
“Does the Kufr of taking the Hukm to the Taaghoot include the appeal process for one who has already been convicted by this Taaghoot in a situation where there is no possibility to take the Hukm to the Sharee’ah? And if the appeal process is still Kufr Akbar in this case, then what are the conditions for this person to be considered a compelled one, such that he would be permitted to undergo this process?”

Answer:
This issue has been discussed by some of the scholars of Najd, as well as Shaykh Abu Muhammad al Maqdisi, and some students of Shaykh Hamud ibn Uqla ash Shuaybi-rahimahullah.

The main issue is this- is it allowed for a Muslim to seek the Hukm of the Taghut when he is forced and being wronged- when he knows that the ruling that the judge will give will be in agreement with the Shariah?

The Ulama of Najd such as Shaykh Hamad ibn Atiq stated that a person should lose all of his Dunya and not go to the Taghut to seek his right. This is the view supported by Shaykh Abu Muhammad al-Maqdisi.

One of the students of Shaykh Hamud has a research on this exact issue somewhere on the net and the conclusion that he came to was that in worldy things such as some wrongdoing and wealth that has been taken unlawfully, one should not seek the ruling of the Taghut-acting on the Fatwa of Shaykh Hamad and Shayklh Abu Muhammad. In issues of life and death, i.e. imprisonment, torture, death, etc, one is allowed to go to the Taghut to get himself out of prison, to keep from being tortured, or being killed.

I suppose that the reason for the distinction is that long imprisonment, torture, and the threat of being killed is a form of Ikrah, whereas losing some money or getting back at someone is not from Ikrah.

On another issue related to this...

Some of the evil government scholars of Aal as-Salul such as Salih aal-Ash-Shaykh state that it is OK to seek judgement in the Taghut no matter what the issue is as long as you know that the Taghut will rule by what is the Shariah and what is your right. What he means is that, say someone cheated you out of your money- so because you cant take him to a Shari court, you take him to a Taghuti court, but because you were wronged and you have proof, you know that the judge will rule by what is in agreement with the Shariah therefore it is okay for you to do so.

This opinion is extremely false because as long as it is not considered Ikrah, it is still seeking judgement in the Taghut which is Kufr. The fact that the Taghut judge will rule by what is already in agreement with the Shari'ah means nothing at all because the Shari ruling is not simply the outward ruling that is handed down.

The pillars of the Shari ruling are four
1. The Hakim - the one who issues the Hukm- Allah the Most High
2. The one who is ordered with the ruling- the person or people
3. The thing in which the ruling applies to- wealth, lives, worship, ect
4. The Hukm itself.

So in order for something to be a Hukm Shari, it must be admitted that the source is the Shariah of Allah and not man made law. The fact that the outward ruling agrees with the Shari ruling has no effect until this is the case.

If suppose, the Kafir courts punished theft by cutting off the hand, would that mean that they have a portion of the Shariah in their law? No, it would not mean that. This is because they do not take it as the law of Allah. Their legislation of man made laws is Shirk as you know and it is considered as such whether the law that they legislated was in agreement with the Sharia or against it.

With this issue, we also see the falsehood of those who say that they will reach power and establish the Shariah thru the parliment in the Muslim lands such as Jordan. That is because whatever law that they pass that agrees with the Shariah will only be passed if it is in agreement with the desires of the king.

for more info on this, see Shaykh Abu Qatadahs Maqalat bain Manhajain number 45,46, and 47

Wallahu Alam

See also -
http://www.islam-qa.com/en/ref/92650/

Monday, April 16, 2012

Refuting Quranites - 3 : Refuting The Argument That The Quran Is Complete; Therefore, We Don't Need Hadith

Please refer back to all the examples given to refute their other misconceptions and misguidances e.g. number of rakahs to pray, how many ruku and sujud in each rakah, percentage of zakah, nisab level of zakah etc. All these examples prove that the sentence "Quran is complete" cannot be taken in a literal sense. Rather, Quran provides the guidelines, principles and hadith explains them in finer details.
The Quranites usually point to the ayats of the Quran which state that the Quran is fully detailed and clear and that there is nothing left out of the Quran. Therefore, they ask the question, "Why do we need the Hadith?"
The Quran is clear in saying that the Prophet Muhammad (peace be upon him) is here to explain and teach us the Glorious Quran as we have previously. So does that mean that the Quran is wrong when it says that it is clear and explains all things?  There is a fallacy in reasoning going on here. Let me give an example.
Professor X says to his students that in order to know everything for the exam they must read textbook A. The Professor says that textbook A is clear, fully detailed and enough to pass the test. However, you must do everything that textbook A commands you to do. When students read textbook A they find out that textbook A says that textbook B clarifies and explains in better detail textbook A. So what should the students do? They should read textbook B of course because text book A is CLEARLY stating that textbook B should be referred to. Textbook A clearly explains to the students that textbook B should be referred to.
Similarly the Quran, which is fully detailed and clear, clearly states that we should refer to the Prophet. How do we refer to the Prophet? Through the authentic hadith of course! The Quranites also use following ayats:
a.         And We have sent down unto you (O Prophet) the book explaining (tibyanan) everything and as a guidance, and mercy, and glad tidings for those who have surrendered (to Allah) (16:89).
Here the words "explaining everything" are said to show that we need no source of guidance other than the Qur'an. . If we take "everything" literally, it is obviously impossible, since there are clearly things that the Qur'an does not explain; for example, the rules of Chinese grammar or the way to fix your computer. Thus common sense requires that we qualify "everything" as something like "everything that is relevant to religion, shariah, and morality etc". Reason further requires us to bring another element in the understanding of this ayat and that is that many statements in a text have a context both within the text as a whole and in the circumstances in which the statements were made. Now the Qur'an no doubt rises as far above its context as it is possible for a book written in a human language to do, but still it has both types of contexts. Hence the Qur'an explains everything only when its ayats are interpreted by taking into account both the context within the book as a whole as well as the context of circumstances, practices, and events that are assumed in those statements. Now this latter context is provided partly by the Hadith.
c.       There is no animal in the earth nor a flying creature with two wings but they form communities like you. We have neglected nothing in the book. Then unto their Lord they will be gathered (6:38)
The words "We have neglected nothing in the book (al-kitab)" are used by the Qur'an-only people to conclude that everything is found in the Qur'an and hence there is no need for the Hadith. But in the Qur'an the book is not always the Qur'an. Sometimes it is a heavenly book where everything that happens or exists is written down. Thus a little later in the same surah it is said:
"There is not a grain (buried) in the dark depths of the earth nor anything fresh or dry but is inscribed in a manifest book" (6:59).
In other ayats we read:
"And there is no moving (i.e. living) creature on earth but sustenance thereof is dependent on Allah. He knows its habitation and its repository. All is in a manifest book (kitab)" (11:6).
"And the book (al-kitab) will be displayed and you (O man or Prophet) see the sinful in great terror because of what is in it (the book) and they will say, Woe to us, what a book is this! It leaves nothing small or great, but takes account thereof" (18:6).

But even if we take the words "We have neglected nothing in the book" to refer to the Qur'an, they would have to be understood like the words "the book explaining (tibyanan) everything" in the ayat discussed earlier, not literally. Because, we dont find some information about how to make a car or the rules of cooking soups etc in the Quran and so on. So, the word nothing cannot be taken literally.
d.      And We have indeed coined for humanity every kind of similitude (mathal) in this Qur'an that they may reflect (39:27; see also 17:89, 18:54, 30:58).
Again, this statement should be understood in the same way as the statement that the Qur'an explains everything. Since, we dont find similtitude of everything around us in the holy Quran. So, the word "every kind" here is not to be taken literally.
Thus even the ayats most favorable to the Qur'an-only people do not support their contention, or at least do not oblige us to accept their position. But now we show that there are many passages in the Qur'an which clearly do oblige us to conclude the opposite.

To begin with, if it were just a matter of delivering a book, Allah could have used other ways to achieve this. The book could have fallen from heaven or an angel could have brought it to the people. Or, the Qur'an could have been miraculously written down on tablets of stone or tablets of gold and then carried by someone to the people (as said to be the case with the ten commandments and the Book of Mormons). The unbelievers actually raised such possibilities:
The people of the book ask you that you cause a book to descend from heaven ... (4:153)
Had we sent down to you writing upon parchment so that they could feel it with their hands, the unbelievers would have said, This is nothing but mere magic. They say, Why has an angel not been sent down unto him? ... (6:8-9, see also17:94-95)
But Allah did not follow any such mechanical method. Instead he revealed the Qur'an through the heart of the messenger, stressing that a messenger sent to human beings has to be a human being (2:97, 26:194, 42:24). Clearly, then it was not simply a question of delivering a book but the human heart and the person of the messenger also plays an important part in the process of delivery.

There are other ayats showing that the Prophet's involvement in his work as the messenger was much deeper than that of a mere deliveryman. The Qur'an says:
Have We not opened your breast (O Prophet). And lifted from you the burden that was weighing down your back (94:1-3).
From these ayats it becomes clear that a great deal happened within the soul of the Prophet before he embarked on his mission. Simply conveying a message as a postman need not have involved such inner back-breaking struggles

Thursday, September 15, 2011

Regarding Shaykh al-Munajjid’s strange fatwa on voting

Regarding Shaykh al-Munajjid’s strange fatwa on voting 

By Samir Bin Zafar Khan

Before we mention his strange fatwa on the issue of voting, it is important to note that this Shaykh has many beneficial fataawa and works on his IslamQ&A website. However, that doesn't change the fact that his 'Aqeedah/Manhaj has elements of misguidance.
The Questioner asked:
Some Moslems in a non Islamic country are asking if it is OK to participate in the elections there and vote for non Moslem groups or parties. They claim that it would serve the Moslem community there if a certain group won the elections?
The Shaykh replied with (pay attention to what is in bold) -
Praise be to Allaah.
This is a matter concerning which rulings may differ according to different circumstances in different times and places. There is no absolute ruling that covers all situations, both real and hypothetical.
In some cases it is wrong to vote, such as when the matter will have no effect on the Muslims, or when the Muslims have no effect on the outcome of the vote. In this case voting or not voting is all the same. The same applies in cases where all the candidates are equally evil or where they all have the same attitude towards Muslims…
It may be the case that the interests of Islam require Muslims to vote so as to ward off the greater evil and to reduce harmful effects, such as where two candidates may be non-Muslims but one of them is less hostile towards Muslims than the other, and Muslims’ votes will have an impact on the outcome of the election. In such cases there is nothing wrong with Muslims casting their votes in favour of the less evil candidate.
In any case, this is the matter of ijtihaad based on the principle of weighing up the pros and cons, what is in the interests of Islam and what is detrimental. With regard to this matter, we have to refer to the people of knowledge who understand this principle.
We should put the question to them, explaining in detail the circumstances and laws in the country where the Muslim community is living, the state of the candidates, the importance of the vote, the likely benefits, and so on.
No one should imagine that anyone who says that it is OK to vote is thereby expressing approval or support for kufr. It is done in the interests of the Muslims, not out of love for kufr and its people. The Muslims rejoiced when the Romans defeated the Persians, as did the Muslims in Abyssinia (Ethiopia) when the Negus defeated those who had challenged his authority. This is well known from history. Whoever wants to be on the safe side and abstain from voting is allowed to do so. This response applies only to elections for influential positions. And Allaah knows best.
Here are some points to ponder over (thanks to br. tarbiya):

1. How can a person who believes that there is no other legislator except Allah, elect a Mushrik that will make something haraam into halaal (and vice versa)? It is only Allah Ta'aala who decrees what is Halaal and what is Haraam, and anyone who attempts to attribute himself to such qualities has committed Shirk. Therefore, how can a Muwaahid elect a Mushrik to commit Shirk on his behalf?

For those who are unaware of this ruling, they can simply study the tafseer of the aayah,

They (Jews and Christians) took their rabbis and their monks to be their lords besides Allâh (by obeying them In things which they made lawful or unlawful according to their own desires without being ordered by Allâh), and (They also took as their Lord) Messiah, son of Maryam (Mary), while they (Jews and Christians) were commanded [in the Taurât (Torah) and the Injeel (Gospel)) to Worship none but one Ilâh (God - Allâh) Lâ ilâha illa Huwa (none has the Right to be worshipped but He). Praise and Glory be to him, (Far above is He) from having the partners they associate (with Him)." (9:31)

2. After understanding the above point (which is our major argument), how can then Shirk have a "Maslahah Mursalah" when Shirk nullifies the Shahaadah? Has Shirk come down to the level of Makrooh?
The followers of Ahlus Sunnah believe that it is not permissible whatsoever (except under Ikraah with a heart of Imaan) to commit Shirk in order to avert a "perceived" evil.
By the way, for those who say voting is not Shirk, they have the great burden of proving such a claim since we have proven - nay, the Qur'aan has proven - that making Halaal into Haraam and vice versa is Shirk. If one cannot climb out of such a hole, then they must simply repent as Allah is the All-Forgiving, the Most Merciful and safeguard their Tawheed.

3. Furthermore, the correct ruling in such situations is for the Muslims to:

a. Make hijrah to a Muslim land if they are able.

b. If they are unable to do that, then they must have tawakkal in Allah and rely upon Him for protection from the evils of whichever Mushrik is elected, and make serious preparations for hijrah.

c. If no Hijrah is available to them, they can move to a less harmful kaafir land, such as the Sahaabah did when they left Makkah to go to Abysinnia.

d. If none of the above, then as Shaykh Abu Muhammad al-Maqdisi mentioned in Millat Ibraaheem, the Muwaahid should prepare himself by keeping away from unnecessary interactions with the society and should turn his house into a place of worship (not literally). When one cuts himself off from society, his home easily protects him from the evils of the Kuffaar, Munaafiqeen, and Faasiqeen, bi idhnillaah. At the same time, he should be preparing himself for Hijrah to any of the aforementioned places.
It is these types of fataawa that steer the Muslims into the dangerous path and deceptions of Shirk which are labeled with "voting" and "elections" and "contributing to society" and "being a part of society" and so on. Unfortunately, the Muslims who hardly practice the religion don't take anything from Shaykh Al-Munajjid except fataawa like these which only suit their whims and desires. We have seen this repeatedly with Muslims all throughout the United States and we seek Allah's protection from such wicked people.

Wallahu 'Alam.

 


Wednesday, August 24, 2011

Be aware of Man-Made Law / Sovereignty of People (Part VII)

Be aware of Man-Made Law / Sovereignty of People (Part VII)
(Mostly Collected from Allah's Governance on Earth)
Assalamu alaikum,

Dear brethren in Islam,

All praise belongs to Allah (Almighty), we praise Him and seek His help; we ask for His forgiveness and seek His refuge against the evil of our own souls and of our deeds. Whomsoever He guides, none can misguide him, whereas whomsoever Allah leads astray can never find any guide. We bear witness that there is no god except Allah (Almighty), the One and the Only God, Who has no partners, and that Muhammad is His Servant and Messenger. The best words are Allah’s and the best guidance is the guidance of Muhammad (Sallallahu alaihi wa sallam). The worst evil is innovation in religion; every innovation is an error, and every error will end up in the Hell-fire.
In this part, I will discuss - WHAT EXACTLY IS THE HUKM OF ALLAH AND RULING ON PEOPLE WHO ARE INVOLVED in it.
 
WHAT EXACTLY IS THE HUKM OF ALLAH?

HUKM [1] has three portions:
  1. Legislation: Defining what is Halaal (permissible) and what is Haraam (prohibited) which is defined in Shariah. This is the right of Allah alone. Whoever delves into this level has committed major shirk without doubt.
  2. Judging /Ruling according to man-made law:
a.      Judging all the time without Allah’s Law. This is replacing the Shari`a.  This man is a kaafir.
b.      Judging time to time without Allah’s Law for earthly benefit, but the Shari`a legislation is intact. This man is still a Muslim.
  1.  Implementing/Execution: The police force and security authorities represent this level. The ruling concerning these people is that some are kaafir and some are Muslims who have committed kufr duna kufr (a minor kufr). They are neither legislating nor judging but they are from a group that enforces kaafir law. They give weight to the bid`ii law and sacrifice for it. They are closer to kufr than imaan. Discussion regarding the previous two types are covered in Part III, IV & V. The rulling concerning this type of people is mentioned in Quran


    الَّذِينَ آمَنُواْ يُقَاتِلُونَ فِي سَبِيلِ اللّهِ وَالَّذِينَ كَفَرُواْ يُقَاتِلُونَ فِي سَبِيلِ الطَّاغُوتِ
    "Those who believe, fight in the Cause of Allâh, and those who disbelieve, fight in the cause of Tâghût ". (Sura Nisa 4:76)

     وعن أبي سعيد و أبي هريرة رضي الله عنهما قالا قال رسول الله صلى الله عليه وسلم :
     ليأتين عليكم أمراء يقربون شرار الناس ويؤخرون الصلاة عن مواقيتها فمن أدرك ذلك منكم فلا يكونن عريفا ولا شرطيا ولا جابيا ولا خازنا
     رواه ابن حبان في صحيحه

    Narrated by Abu Sayeed & Abu Huraira (radiallahu anhuma) Messenger of Allah (sallallahu alaihi wa sallam) said:
    "In near future, surely the people, who will be amir (leader) over you, will be such that they bring the worst type of people nearer to them and pray salaat after its due time. If anyone among you is alive on that time, let he not be authority (administrator), police (army), zakat collector (tax officer) or treasurer ". [Sahih ibn hibban, Attargib wattarhib 1/557]

    Imam haythami classified it saheeh and nasir uddin albaani classified it hasan. So Messenger of Allah (sallallahu alaihi wa sallam) warned us to take these posts of oppressive muslim ruler then what will be the case for those rulers who commit major shirk and leave salaat regularly?!!


[1] Hukm comes from the literal root, ‘hakama,’ which means ‘to judge, to legislate, arbitrate, judge in a matter.’ The meaning of legislation is used in the Shari`a sense only with Allah. So when we see verses that make reference to the word hukm and Allah, then the verse is referring to legislation. And when the verse is referring to people and the word hukm is used, it is known as judging. This is because in the Qur’an, the human being is never given the right to legislate, but he is given the right to judge by what Allah has revealed for him to use in all of his worldly affairs.
 

Tuesday, August 23, 2011

Be aware of Man-Made Law / Sovereignty of People (Part VI)

 Be aware of Man-Made Law / Sovereignty of People (Part VI) 


Assalamu alaikum,

Dear brethren in Islam,

All praise belongs to Allah (Almighty), we praise Him and seek His help; we ask for His forgiveness and seek His refuge against the evil of our own souls and of our deeds. Whomsoever He guides, none can misguide him, whereas whomsoever Allah leads astray can never find any guide. We bear witness that there is no god except Allah (Almighty), the One and the Only God, Who has no partners, and that Muhammad is His Servant and Messenger. The best words are Allah’s and the best guidance is the guidance of Muhammad (Sallallahu alaihi wa sallam). The worst evil is innovation in religion; every innovation is an error, and every error will end up in the Hell-fire.

This is the continuation of part III, IV & V -  the relationship between not ruling by the shari`ah and kufr and its evidences from Holy Quran and Sunnah. Now, I will focus on issue  - Does applying every law that is not mentioned in the Qur’aan or Sunnah constitute kufr?. Before delve into this matter, I want to shed some lights on what is shirk in obedience?


This is one of the four major forms of Shirk - Shirk  in legislation/governance and shirk in obeying other than Allah in matters regarding only Allah. Allah says -


اتَّخَذُواْ أَحْبَارَهُمْ وَرُهْبَانَهُمْ أَرْبَابًا مِّن دُونِ اللّهِ
 
"They  took  their rabbis and priests as  lords besides Allah". (Sura Tawbah ayat 31)
Imaam  Tirmidhi made  tafsir  of  the  ayah (in Tafsir alQur’an al`Azim, V. 2)  by explaining it with the incident of `Adi  ibn Abi Haatim, in which he  said  of  this ayah,  ‘O  Messenger  of  Allah,  they  did  not worship  them.’ Then he said,  ‘they certainly did. They made halaal  for  them  the haraam and made  the haraam on  them  the halaal  and  they  obeyed  them.  That  is  how  they  worshipped them.’ (This hadith is hasan (good) and is narrated by at-Tirmidhi, hadith 3095 in Kitaab ut-Tafsir and by alBaihaqi in his Sunan, V. 10, hadith 117)

Shaikh  Muhammad  al-Amin  ash-Shanqiti,  when mentioning this ayah, made the following comments on it, “Thus  it  is made clear that they are pagans by their obedience to them (those who legislate), and this association of partners is in  obedience  (ta`aa),  and  following  the  legislation  that contradicts and opposes what Allah has legislated,  it is  in  its design, for the worship of Shaitan.” (Adwaa’ ulBayaan Tafsir Qur'an bilQur'an, V.4, page 65)

Another evidence for the Shirk in obedience is,

وَإِنْ أَطَعْتُمُوهُمْ إِنَّكُمْ لَمُشْرِكُونَ
“And if you obey them, you are mushrikun (pagans).” (Sura An`aam, ayah 121)

Next comes the main discussion - Applying laws which are not mentioned in the Qur’aan or Sunnah

Shaykh al-Shanqiti said:

It should be noted that we must differentiate between man-made systems the implementation of which implies disbelief (kufr) in the Creator of the heavens and the earth, and systems which do not imply that. This may be explained by describing systems as being of two types, administrative and legislative. With regard to administrative systems which are aimed at organizing things and making them run smoothly in a manner that does not go against sharee’ah, there is nothing wrong with this and no one among the Sahaabah or those who came after them objected to it. ‘Umar (may Allaah be pleased with him) did many things of that nature that were not done at the time of the Messenger (peace and blessings of Allaah be upon him), such as writing down the names of the soldiers in a register to keep track of who was present and who was absent, even though the Prophet (peace and blessings of Allaah be upon him) did not do that and he had not known that Ka’b ibn Maalik was not present during the campaign of Tabook until after he had reached Tabook. Similarly, ‘Umar (may Allaah be pleased with him) bought the house of Safwaan ibn Umayyah in Makkah and turned it into a prison, even though neither the Prophet (peace and blessings of Allaah be upon him) nor Abu Bakr had established a prison. Such administrative matters which are intended to make things run smoothly and which do not go against sharee’ah – such as organizing employees’ affairs and organizing work matters in a manner that does not go against sharee’ah – is a kind of man-made system that is o.k. and does not go against the basic principles of sharee’ah which aims to take care of the public interest.

But in the case of legislative systems which go against the laws of the Creator of the heavens and the earth, referring to them for judgement constitutes disbelief (kufr) in the Creator of the heavens and the earth, such as claiming that giving males precedence over  females in matters of inheritance is not fair and that they should be given equal shares, or claiming that plural marriage is a form of oppression, or that divorce is unjust towards women, or that stoning and cutting off hands etc. are barbaric actions that cannot justifiably be done to anyone, and so on. 
So implementing this kind of system to govern people’s lives, wealth, honour, lineage, minds and religion constitutes disbelief in the Creator of the heavens and the earth, and rebellion against the divine system which was set up by the One Who created all of mankind and Who knows best what is in its interests. Glorified and exalted be He far above having any other legislator alongside Him.


أم لهم شركآء شرعوا لهم من الدين ما لم يأذن به الله و لو لا كلمة الفصل لقضى  بينهم  و إن الظالمين لهم عذاب اليم

Or do they have partners for them legislating a religion that Allah did not give permission for at all. Had it not been for the word of decision and decree, the matter between them would have been judged. And truly, for the oppressors is a torturous punishment.
(Surat ash-Shura, ayah 21)

قُلْ أَرَأَيْتُم مَّا أَنزَلَ اللّهُ لَكُم مِّن رِّزْقٍ فَجَعَلْتُم مِّنْهُ حَرَامًا وَحَلاَلاً قُلْ آللّهُ أَذِنَ لَكُمْ أَمْ عَلَى اللّهِ تَفْتَرُونَ
"Say (O Muhammad to these polytheists): "Tell me, what provision Allâh has sent down to you! And you have made of it lawful and unlawful." Say (O Muhammad ): "Has Allâh permitted you (to do so), or do you invent a lie against Allâh?”" ( Sura Yoonus 10:59 )


Adwaa’ al-Bayaan, 4/93.

Be aware of Man-Made Law / Sovereignty of People (Part V)

Be aware of Man-Made Law / Sovereignty of People (Part V)

(Collected from Allah's Governance on Earth)




Assalamu alaikum,

Dear brethren in Islam,


All praise belongs to Allah (Almighty), we praise Him and seek His help; we ask for His forgiveness and seek His refuge against the evil of our own souls and of our deeds. Whomsoever He guides, none can misguide him, whereas whomsoever Allah leads astray can never find any guide. We bear witness that there is no god except Allah (Almighty), the One and the Only God, Who has no partners, and that Muhammad is His Servant and Messenger. The best words are Allah’s and the best guidance is the guidance of Muhammad (Sallallahu alaihi wa sallam). The worst evil is innovation in religion; every innovation is an error, and every error will end up in the Hell-fire.
This is the continuation of part III & IV -  the relationship between not ruling by the shari`ah and kufr and its evidences from Holy Quran and Sunnah. In previous part, we have seen that legislating law is a major kufr which brings a person outside the realm of Islam.
Now, I will focus on another issue  accepting Man-Made constitution willingly. Before delve into this matter, I want to shed some lights on what is the first obligation of man kind?

Shaykh Muhammad bin Abdul Wahhab answered this question by quoting the following ayat from Quran -

وَلَقَدْ بَعَثْنَا فِي كُلِّ أُمَّةٍ رَّسُولاً أَنِ اعْبُدُواْ اللّهَ وَاجْتَنِبُواْ الطَّاغُوتَ
"And verily, We have sent among every Ummah (community, nation) a Messenger (proclaiming): "Worship Allâh (Alone), and avoid (or keep away from) Taghut (all false deities)"
(Surah Nahl 16:36)

In fact, kufr (denial) of Tagut is a pillar of towhid which is also mentioned in the Quran -

فَمَنْ يَكْفُرْ بِالطَّاغُوتِ وَيُؤْمِن بِاللّهِ فَقَدِ اسْتَمْسَكَ بِالْعُرْوَةِ الْوُثْقَىَ"Whoever disbelieves in Taghut and believes in Allâh, then he has grasped the most trustworthy handhold (Towhid or Iman) that will never break". (Surah baqarah 2:256)

Ibn kathir said in his tafsir of this ayat - "`Umar's statement that Taghut is Shaytan is very sound, for this meaning includes every type of evil that the ignorant people of Jahiliyyah (pre Islamic era of ignorace) fell into, such as worshipping idols, referring to them for judgement, and invoking them for victory".

Fifth Evidence:

So, deniyal this tagut is pillar of towhid and iman. Whoever does not consider mad-made law is due to ignorance(jahiliyyah) and harmful for mankind or he willingly want to go to man made court for resolving his disputed matters or if he submits his cases in shariah court he do not accept it in his mind or he has hatred to shariah, then he is a kafir. Regarding this type of people Allah said in Quran -

 
ألم تر إلى الذين يزعمون أنهم آمنوا بما أنزل إليك و ما أنزل من قبلك يريدون أن يتحكموا إلى الطاغوت و قد أمروا أن يكفروا به و يريد الشيطان أن يضلهم ضلالاً بعيداً  و إذا قيل لهم تعالوا إلى ما أنزل الله و إلى الرسول رأيت المنافقين يصدون عنك صدوداً

“Have you not seen those who claim that they believe in what came down to you and what came down before you? They wish to go for judgment to the Taghut (false legislators) and they were already ordered to disbelieve in it. And Shaitan seeks to lead them far, far astray. And when it is said to them, ‘Come to what Allah sent down and to the Messenger,’ you see the hypocrites turn away from you with strong aversion.” Sura Nisa 4: ayat 60-61

فلا و ربك لا يؤمنون حتى يحكموك فيما شجر بينهم ثم لا يجدوا في أنفسهم حرجاً مما قضيت و يسلموا تسليماً

‘no, by your Lord, they can have no Faith, until they make you (O Muhammad sallallahu alaihi wa sallam) judge in all disputes between them, and find in themselves no resistance against your decisions, and accept (them) with full submission’ Sura Nisa 4:ayat 65


Read attentively the ayat.  On submitting your disputed matters is not sufficient for condition of Faith; here Allah mentions another thing, finding no resentment in accepting the shariah judgment. See detail tafsir of this verse in tafsir ibn kathir. 

Shaykhul Islam Ibn Qayyim said in Madaarij us-Saalikin volume 1 page 209 -


Allah has sworn that  they will never believe unless there is no resentment in their heart. Allah divided them into three:
  1. To make you (Muhammad sallallahu wa sallam) the judge amongst them is Islam, thus they are Muslims.
  2. For them to have no resentment, which is imaan and makes them Mu’minun (sincere believers).
  3. Total submission to the law of Allah, even if it were against them.  This  is  ihsaan  and  it  makes  them  Muhsinun  (pious ones).
End Quote.