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.

3.  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.

 

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.

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

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

(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 -  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 ruling by man made law can be major kufr or minor kufr and we must distinguish between major kufr and minor kufr. Because, the deviant sect khawarij does not consider this difference and they think ruling by laws other Allah revealed is always major kufr. We have discussed the verse of sura mayida (5:44) and its tafsir by ibn abbas (may Allah be pleased with him). In general he referred it to enough kufr (major kufr) but in specific case he referred it to minor kufr and in this specific case, khawarij sect deviated. A relative ayat regarding this issue which I should mention -

إنا أنزلنا إليك الكتاب بالحق لتحكم بين الناس

"Surely, We have revealed this book so that you might judge between the people in truth" (Sura Nisa:105)

Now, I will focus on another issue - Legislating Law / Instituting Constitution which decide the way of a nation. Regarding this issue, none can give any sharia proof which tells that this is a minor kufr. It is a major kufr and it is beyond any kinds of doubt.


Second Evidence:

Allah said in the Qur’an,

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)

Ibn Kathir said in his tafsir of Surah Mayidah ayat 50 -

"During the time of Jahiliyyah, the people used to abide by the misguidance and ignorance that they invented by sheer opinion and lusts. The Tatar (Mongols) abided by the law that they inherited from their king Genghis Khan who wrote Al-Yasiq, for them. This book contains some rulings that were derived from various religions, such as Judaism, Christianity and Islam. Many of these rulings were derived from his own opinion and desires."
 
Then he said -

"Later on, these rulings became the followed law among his children, preferring them to the Law of the Book of Allah and the Sunnah of His Messenger . Therefore, whoever does this, he is a disbeliever who deserves to be fought against, until he reverts to Allah's and His Messenger's decisions, so that no law, minor or major, is referred to except by His Law."

So Yasiq contained some rules from Quran, some from bible, some from talmud, some from man's own decision and you see ibn kathir's fatwa about Yasiq and its follower. What is the status of our muslim countries' constitution  which are mostly based on European Laws? Please think!!!

Third Evidence:

Allah said-

إِنِ الْحُكْمُ إِلاَّ لِلّهِ أَمَرَ أَلاَّ تَعْبُدُواْ إِلاَّ إِيَّاهُ ذَلِكَ الدِّينُ الْقَيِّمُ وَلَـكِنَّ أَكْثَرَ النَّاسِ لاَ يَعْلَمُونَ

"The legislation (or the judgement) is only for Allah. He has commanded that you worship none but Him, that is the (true) straight religion, but most men know not".  (Sura Yusuf ayat 40)

و لا يشرك في حكمه أحداً

"And He (Allah) does not associate in His legislation with anyone" (Sura kahaf ayat 26)

Ruling by shariah is a form of worship and in this verse it is explicitly mentioned. So, those who rule by other than shariah, worship the legislator of the law.

Fourth Evidence:

Ibn Abbas (radhiAllahu anhu) narrated that when the Prophet (sallallahu alaihi wassallam) got up at night to offer the Qiyam ul Lail, He used to supplicate: ‘O Allah! All Praises are for you; You are the Light of the Heavens and the Earth and what is in them, and all praises are for You. You are the Keeper of the Heavens and the Earth and what ever is in them and all Praises are for you. Your are the Haq, and Your Promise is Haq, and Your sayings are Haq, and meeting with You is the Haq, and Jannah is Haq, and Jahanum is Haq, and the Hour is Haq, and the Anbiya are Haq and Muhammad (alyhissalatu wassallam) is the Haq. O Allah I submit myself to You, and I depend on You, and I believe in You, and I turn in repentance to You, and in Your Cause I fight, and with Your Judgment I rule (Hakamtu), so please forgive my past and future sins and whatever I have done in secret, and whatever I have done in public. You are the One who makes thing go before and You are the One Who delays them. None has the right to be worshipped but You.”

[Repoted by Al Bukhari, Book: Prayer at night]

Ibn ul Qayim (Rahimahullah), said that in this Hadith, our Prophet (sallallahu alaihi wassallam) supplicated, praised and asked Allah ta’ala for forgiveness. Ibn ul Qayim mentioned three things in this Du’aa which are Tawakkul (depending upon Allah(swt)), Inabah (turning in repentance to Allah(swt)) and Tahakum (abiding and surrendering to the Hukm of Allah). And this is clear evidence that the act of Tahakum is an act of worship, just like Tawakkul and Inabah. [Taken from Madaarij As-Salikiin 32/1]

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

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

(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.

Here I will discuss the relationship between not ruling by the shari`ah and kufr and its evidences from Holy Quran and Sunnah.

At first we should should know - what is major kufr and what is minor.

Major kufr is the kufr that nullifies ones religion and bring him outside the pale of Islam. If commit this by his belief or action, all his worship will be in vain unless he return to Islam and do repentance.

Minor kufr is the kufr that does not nullify ones religion and he does not become disbeliever. But you have keep in mind that it is the worst sin after major kufr. So it is worse than disobeying parents, lying, fornication, taking alcohol or so on.

When we say that it is major kufr in regards to not ruling by the law of Allah, we do not mean the ruler that does it occasionally due to some vice or some evil in which he was bribed. When we make such statements as the above title, we are making direct reference to the rulers who judge all the time by other than what Allah sent down and then make laws to protect their judgments. Here we will mention the supporting of this statement.

Shaikh Muhammad b. Ibraheem (the late Mufti of Saudi Arabia who is succeeded by Shaikh Bin Baz) asserted: "As for that which is described as lesser infidelity, it is when he refers the dispute to other than the Book of Allaah knowing that he is disobeying Allaah by doing so, and that the ruling of Allaah is the truth, and He does it once. Such a person would not be committing major infidelity. As for those who legislate laws and make others obey them, this constitutes infidelity, even if they claim that they made a mistake, and that the laws of Allaah are more just; such is considered as an infidelity which entails apostasy." [Fatawa ash-Sheik Muhammad b. Ibrheem aal-Ash-Sheik:12/280]

First Evidence

Surat ul Ma’ida, ayah 44, Allah the almighty says - 

و من لم يحكم بما أنزل الله فاؤلئك هم الكافرون

“And whoever does not rule by what Allah sent down, then they are kaafirun (unbelievers).”

Next we will discuss the explanation of this verse tow most greatest mufassir sahaba - Abdullah ibn Abbas and Abdullah ibn Masud. These sahaba are the most knowledgeable in tafsir of Quran. Ibn Masud said about himself - “There is not one single ayah from the Qur’an that was revealed, except that I knew its reason for revelation (narrated by Bukhaari).” 

Explanation of this verse by Ibn Abbas (may Allah be pleased with him):

In the book Akhbaar ul Qudaah V. 1 pages 40-45 by Imaam Waki'a,

حَدَّثَنَا الْحَسَن بْن أبي الربيع الجرجاني؛ قال: أَخْبَرَنَا عَبْد الرزاق، عَن مَعْمَر، عَن ابن طاوس، عَن أبيه؛ قال: سئل ابْن عَبَّاس عَن قوله:{وَمَن لَّمْ يَحْكُم بِمَا أَنزَلَ اللّهُ فَأُوْلَئِكَ هُمُ الْكَافِرُونَ[المائدة:44}قال: كفى به كفره

 It is narrated from Hasan ibn Abi ar-Rabi`a alJurjaani saying, “We heard it from `Abdur-Razzaaq from M`amar from Ibn Tawus from his father who said, ‘Ibn `Abbas was asked regarding the statement of Allah,

‘Whoever does not rule by what Allah has sent down, then they are Kaafirun.’ He (Ibn `Abbas) said, ‘It is enough for his kufr.’”

Sa`id  ibn Jubair narrated that Ibn `Abbas said ,“You are the best people whenever what is sweet for you is in the Qur’an. And whatever is harsh/firm for the people of the book (the narrator says, ‘As if he see’s that the three ayaat are for Muslims  as well’)”.
 AlKaafirun - Ma'ida:44
 Ajjalimu - Ma'ida:45
 Alfaasiqun - Ma'ida:47 

This mawqoof hadith (the narration does not go to Prophet sallallahu alaihi wa sallam, it stops at sahabi) is saheeh no doubt as its chain of narration is absolutely trustworthy and of the highest quality. Look here ibn Abbas said it is enough kufr means it is enough for kufr which brings a person outside the pale of Islam. No body can refer this to minor kufr because if it is minor he would not use the term enough.

Here I will mention the narrator because this hadith is not at all mentioned by our current day's scholar.

About the narrator:
Hasan ibn Abi ar-Rabi`a alJurjaani -  He is also trustworthy and truthful. Abi Haatim said of him, he is trustworthy and he is one of my Sheikhs. Ibn Hibbaan mentioned him (Yahya) with the trustworthy people. Ibn Hajar رحمه الله (one of the wisest person is hadith science) also mentioned him among those who are trustworthy.  The rest of the narration is absolutely trustworthy and of the highest quality.

Abdur-Razzaaq - `Abdur-Razzaaq is a trustworthy imaam.

M`amar - All the scholars trust him.

Ibn Tawus & his father - Both him and his father are trustworthy, and the father, Tawus, is a student of Ibn `Abbas i.e. Tawus is a tabi'ee.



But  Ibn  `Abbas made a statement in regards to this verse, in which he says that the Kufr in this verse is “kufr duna kufr (kufr less than kufr)". Or in another narration "it is not the kufr as they think".
 -  (Tafsir Ibn Kathir under the tafsir of this ayah, Hakim's mustadrak)

So, here the same sahabi said that this is minor kufr where in 1st narration he told it is major kufr. It is proved that this narration of ibn 'Abbas was a part of his debate with the khawarij (a deviant sect who believe that if a person commit a major sin, he becomes kaafir). By "they think" - it is evident that he indicated khawarij.  It is contradictory with his previous narration and general meaning of this ayah. The Usul (principle) regarding this type of contracdtion is -
 “The statement of one sahaabi has no right to make specific a verse that Allah has made general.” 

 - Sheikh Muhammad ibn Saalih al`Uthaimin,

in his book of Usul ulFiqh - al Usulu min `ilm ilUsul, pgs. 33-44

Moreover, Ibn 'Abbas himself confirmed that though these verses are revealed concerning two Jews tribes, Muslims are also referred to in these verses. Ibn 'Abbas said in cynical manner of this ayah, "What good brothers the Children of Israel are to you. If everything sweet (i.e., words of praise) is for you then everything bitter (i.e., words of condemnation) is for them. And you will certainly follow them step by step."
- (Tafseer at-Tabari, Tafseer 'Abdur-Razzaaq)

Explanation of this verse by Ibn Masud(may Allah be pleased with him):

In Tafsir Ibn Kathir Surah Al-Ma’ida 44. Also Akhbaar ul Qadaa ’ vol. 1 pages 40-45

Sahaabi `Abdullah Ibn Mas`ud has mentioned in regards to this ayah, when he was asked by some people what was reshwa (a bribe). He replied, “It is suht (ill-gotten wealth).” They then said, “No, we mean in judgment and ruling.” He said ,

ذاك الكفر

“This is the very kufr.”

Then he recited this verse of sura Mayida (5:44).

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

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

Here I will discuss an example of sharia rule Vs. man made rule and their effects on a society.
 

ADULTERY AND PROMISCUITY (Comparison of consequences)

What is the Shari`a rule for the adulterer? The one that commits adultery (when the person that is married has sex with a person that is other than their spouse) is to be stoned to death under the Divine Law code. Now what does this accomplish for the society? We have outlined some points for the seeker of knowledge in this regard,

1. The honor of the one who was victimized is vindicated.
2. Free advertising, which will give the public a chance to observe what the penalty is for such evil acts.
3. The amount of children born out of wedlock will naturally decrease, as the penalty for adultery is known.
   
4. The number of sexually transmitted diseases will eventually come to an end, as the mechanism by which they spread is destroyed.

In modern Western societies, adultery is not even dealt with as a crime. Rather, it is seen as something that is a distinctly private matter. Unfortunately, in recent years, with the rise of street children from adulterous marriages piling up, we can see that it cannot be passed off as private. These children are the people that the world including the selfish people involved who committed the treasonous act of adultery, forgot about. They are mostly abandoned, to wander life not knowing who they are. They never had anyone close to them, so naturally they are anti-social. They are not able to form associations of right and wrong, because they themselves have been the products of a wrong. Another thing is that they could cohabit or marry their own brothers and sisters due to the fact that no one knows who their relatives are.

This leads to birth defects and disabled children, along with new diseases previously unknown. Above all, the right of Al `Aziz (the All Mighty) is the first thing to be preserved. Allah has said that unlawful sex is a catalyst for diseases unknown before. Before, we only knew of VD, but now there is AIDS. There have been new diseases that have also sprung up. Our Lord has said that whenever people increase in infidelity, He sends new diseases. This is the truth without doubt. This is no laughing matter. We cannot afford to challenge our Lord after He has told us the punishment for unlawful sexual intercourse. It was asked by Zainab bint Jahhash (radiallahu) regarding the tribulations at the end of time.
 

 قالت زينب: أنهلك وفينا الصالحون؟ قال صلى الله عليه و سلك   نعم إذا كثر الخبث

 “Will we be destroyed even though there are righteous people among us.” The Messenger (sallallahu alaihi wa sallam) said, “Yes, when Al-KHABATH (the filthy acts of unlawful sexual relations and all other sexual perversions) spreads.” -Narrated from Sahih alBukhaari

Likewise, in the time of the Prophet Lut (alaihi wa sallam), the people involved in homosexuality were showered with stones from the sky. The punishment being showered upon these people today is AIDS. Each person is hit with his own stone, which today is the AIDS virus, thus although the methodology changes, the punishment that Allah metes out does not. Allah knows what methods there will be in the future, but they will no doubt match in severity with each new evil.

Perhaps the most painful and tearful result of this is that these children born out of wedlock have never known anyone in their life to love them, so the world appears as a much lonelier and bigger place to them. But they are not alone. Allah I is there and will provide for their justice and rights that are listed under His Divine Law, as He I cares for everything from the greatest to the smallest creation. He I also has mercy on those who have been victimised, and the children who came from this environment most certainly have been. 

We can see from the example mentioned, that the Shari`a is tremendously precise. On the other hand, the punishment of adultery can only be implemented if there are four witnesses that unanimously agree that they have seen the incident. Obviously, if four people see the incident in its details, it means there was a show going on, which is difficult to prove most of the time. But the threat of being stoned to death acts as a deterrent and shakes the mind of those who plan adultery. For example, the offending body part of the professional thief, the hand is amputated and taken away so it will not harm society again. With the adulterer/adulteress, it is the whole person, as this was the offending factor. Everything from their envying eyes, to the private parts all the way to the hands and the feet played an offending role. Thus all of it must go. Islam also gives women and men the equal right to divorce if either the woman or man is not competent, e.g. physically for the other partner. This is unlike other false religions, where if the people are not compatible, they are stuck together. Another reason is that if people learn that there is an adulterous person, they may become tempted to seek that person out, since the adulterous person is loose and willing to cohabit with anyone and the Shaitan will use him or her as a banner for sin and temptation. The Shari`a answers these whims and temptations in the most merciful and practical manner possible. Allah says in the Quran -

Do they then seek the judgement of (the Days of) Ignorance? And who is better in judgement than Allâh for a people who have firm Faith.  - Sura Mayeda : 50                   

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

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

It was deemed by myself to discuss this important subject when I saw the absence of this subject on the shelves of the Islamic bookshops and Islamic web groups. I am also grieved to find that this subject  is  not even being given the attentions that it deserves, even on the street among common Muslims.This article also remains as a step forward in highlighting the truth, and as a moral aid and support for the modern struggle of Tawhid (that being Haakimiyyah). This struggle is the most important one of our time, as the Shari`a acts as protection for all the forms of tawhid and the people that are under the banner of tawhid. Losing the Shari`a results in the things that we are seeing in our midst today, in our society, like the disintegration of every good thing and all good people.

In this time, there has been a lot of debate regarding the Shari`a, to the point that some have denounced the Shari`a altogether due to the advent of democracy. There have been some among the Muslim community caught in this hard place, and the reader deserves an explanation regarding what opinion he should be taking regarding these people in addition to the way that we should handle democracy. Democracy is a government system where people have the sovereignty to rule the state. It is not merely electing leaders of a country. So in this system people can change constitutional laws or put forth initiatives, referendum and suggestions for laws where in Shari'a system it is only Allah who has the sovereignty. The leader is his Allah's representative and he and the countrymen enforce the law revealed by Allah.