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]