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/
“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/
