What is the Shariah ruling ruling (or judging) by other than what Allah Sent down (i.e. The Shariah) and is it like the rulers of the Ummawiyaah and Abassiyah states- kufr duna kufr – or is their kufr the kufr which exits one from the Milat (Islam, i.e Major kufr). And what is wajib on us towards these rulers so as that we will be excused in front of Allah, in either situation?
The ruler who rules by other that what Allah Sent down, whether that is by the Man made laws or whether it is by customs and traditions, theses are kuffar mushrikeen.
وَلَا يُشْرِكُ فِي حُكْمِهِ أَحَدًا
He makes none to share in His Decision and His Rule
Surat Al Kahf 18:26
And Allah Said:
إِنِ الْحُكْمُ إِلَّا لِلَّهِ
The decision is only for Allah
Surat Al Anam 6:57
And their kufr is kufr akbar (major kufr) by Ijmaa (concensus) and this consensus was reported by Ibn Kathir and others from his contemporaries from Ahlus Sunnah.
ومن لم يحكم بما أنزل الله فأولئك هم الكافرون
And whosoever does not judge by what Allah has revealed, such are the Kafirun
Surat Al Maidah 5:44
And Allah Says:
ألم تر إلى الذين يزعمون أنهم آمنوا بما أنزل إليك وما أنزل من قبلك يريدون أن يتحاكموا إلى الطاغوت وقد أمروا أن يكفروا به
Have you seen those (hyprocrites) who claim that they believe in that which has been sent down to you, and that which was sent down before you, and they wish to go for judgement (in their disputes) to the Taghut (false judges, etc.) while they have been ordered to reject them.
Surat An Nisa 4:60
And Allah Says:
أم لهم شركاء شرعوا لهم من الدين ما لم يأذن به الله
Or have they partners with Allah (false gods), who have instituted for them a religion which Allah has not allowed.
Surat Ash Shuraa 42:21
And this is the case today, we see them judge between the people by the man made laws and in some places that is called by other than its name, however we look at the reality and the meaning (of these laws) and not the name and deciets (given to them).
As for the Judge, if he judges in a single case by his whims or desires, and not according to the man made laws, regulations, the system or by customs or traditions, then this here is kufr duna kufr, as in the hadeeth:
“”The judges are three: Two judges that are in the Fire”
Then it speaks about the ignorant judge and the judge who rules by desires – and this is the relevant point from the hadeeth. (reported in the Sunan)
And Ibn Abdul Birr said in “Al Tamheed” that this example is from the major sins by ijma – and this was what happened in that umawiyyah and abbasiyah states.
What is wajib on us to do towards these rulers so as we will be excused in front of Allah?
The answer: do not go to the courts of the Taghut which rule by man made laws, and adopt the Milat of Ibrahim, that is:
إذ قالوا لقومهم إنا برآء منكم ومما تعبدون من دون الله كفرنا بكم وبدا بيننا وبينكم العداوة والبغضاء أبدا حتى تؤمنوا بالله وحده
when they said to their people: “Verily, we are free from you and whatever you worship besides Allah, we have rejected you, and there has started between us and you, hostility and hatred for ever, until you believe in Allah Alone,”
Surat Al Mumtahhanah 60:4
And act upon these ayats, Allah said:
فاصدع بما تؤمر وأعرض عن المشركين
Therefore proclaim openly that which you are commanded, and turn away from Al-Mushrikun
Surat Al Hijr, 15:94
And Allah Says:
اتبع ما أوحي إليك من ربك لا إله إلا هو وأعرض عن المشركين
Follow what has been inspired to you (O Muhammad SAW) from your Lord, La ilaha illa Huwa (none has the right to be worshipped but He) and turn aside from Al-Mushrikun.
Surat Al anam 6:106
And Allah Said:
قل يا أيها الكافرون * لا أعبد ما تعبدون
Say: Oh you kafiroon, I worship not that what you worship
Surat Al Kafiroon 109:2
And you must hate them and have hostility to them and no wala (loyalty)
لا تجد قوما يؤمنون بالله واليوم الآخر يوادون من حاد الله ورسوله ولو كانوا آباءهم أو أبناءهم أو إخوانهم أو عشيرتهم
You will not find any people who believe in Allah and the Last Day, making friendship with those who oppose Allah and His Messenger , even though they were their fathers, or their sons, or their brothers, or their kindred (people).
Surat Al Mujadila 58:22
And Jihad against them according to ability and preventing corruption after hijrah and seperatiing (from them)
يا أيها النبي جاهد الكفار والمنافقين واغلظ عليهم
O Prophet (Muhammad SAW)! Strive hard against the disbelievers and the hypocrites, and be harsh against them
Surat At Tawba 9:73
And if you cant do this then have patience until util the Order of Allah Comes but struggle against them (in the meantime) a Jihad other than weapons (if one is not capable of the first)
فلا تطع الكافرين وجاهدهم به أي القرآن جهادا كبيرا
So obey not the disbelievers, but strive against them (by preaching) with the utmost endeavour, with it (the Quran).
Surat Al Furqan 25:52
Shaykh Ali Khudayr ibn Khudayr