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.