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).