Our scholars have spoken about the Kufr of these religions and void legislations — and they judged those who legislate it and act upon it, to be disbelievers and apostates.
Ibn Hazm said, {“Whoever rules by the Gospel in issues where there is no text from revelation in the Sharee’ah of Islaam, then he is a Kaafir Mushrik outside of Islaam.”} (Ihkaam al-Ahkaam Fee Usool al-Ahkaam 5/153)
Also, Ibn Taymeeyah said, {“Its known by necessity from the religion of the Muslims and by the agreement of all the Muslims, that he who permits the following of a religion other than the religion of Islaam or following a law other than the Sharee’ah of Muhammad (saws), then he is a Kaafir.”} (Majmoo’ al-Fataawaa 28/524)
And he similarly says, {“The Sharee’ah revealed from Allaah, which is the Qur’aan and Sunnah that Allaah sent His Messenger with, no one from the creation is allowed to leave it. And no one leaves it but a Kaafir.”} (Majmoo’ al-Fataawaa 11/262)
And he says, {“Whenever a person legalizes what is illegal by consensus or illegalizes what is legal by consensus or replaces the Sharee’ah that is agreed upon by consensus, then he is a Kaafir by the agreement of the scholars of Fiqh.”} (Majmoo’ al-Fataawaa 3/267)
Ibn Katheer says, {“So whoever leaves the clearcut Law revealed to Muhammad bin ‘Abdillaah the final of the Prophets, and refers to other sources for judgment, such as abrogated laws, then he is a Kaafir.”} (al-Bidaayah wan-Nihaayah 13/119)
‘Abdil-Lateef bin ‘Abdir-Rahmaan Aal ash-Shaykh says, {“Whoever refers to something other than the Qur’aan and Sunnah for judgment, after it being clarified to him, then he is a Kaafir. Allaah (Ta’aalaa) Says, {“And whoever rules by other than what Allaah Revealed, then they are disbelievers.”} and Allaah Says, {“Do they hope for other than Allaah…”} (ad-Durar as-Saneeyah 8/241)
‘Abdullaah bin Humayd says, {“Whoever legislates a law, which is general and enforced upon the people, opposing the law of Allaah, then he has left Islaam as a Kaafir.”} (Ahammiyat al-Jihaad pg. 196)
Muhammad bin Ibraaheem Aal ash-Shaykh says, {“Verily from the Major clear cut Kufr is giving to the accursed manmade laws the position of that which the faithful spirit descended upon the heart of Muhammad that he should be a warner in the clear Arabic tongue, judging by it between the nations, and referring back to it when there is a disagreement, in contradiction to, and obstinate rejection of, Allaah, the Mighty and Exalted’s saying: {“If you differ in anything among yourselves, refer it to Allaah and His Messenger, if you do believe in Allaah and the Last Day. That is best and more suitable for final determination.”} (an-Nisaa’ 4:59) Allaah the Most Perfect and High has negated the belief of those who do not make the Prophet the judge in that about which they differ – strengthening the negation by repeating it and swearing upon it, He says: {“But no, by your Lord, they can have no belief, until they make you a judge in all disputes between them, and find no resistance in themselves against your judgments, and instead submit wholeheartedly.”} (Nisaa 4:65) (Risaalat Tahkeem al-Qawaaneen)
He also mentioned in the same treatise that from the greatest types of Major Kufr of this nature, is what the modern apostates have fallen into, he said:
{“Fifth: This is the greater, more comprehensive and obvious form of stubborn rejection to the Sharee’ah and haughty rejection of its rulings and showing dissent of Allaah and His Messenger, and challenging the courts of Islaamic Law, in its setting-up, maintenance, provisions, foundations and its branches, forms, types, its judgment and compulsion, references and sources. So just as the Sharee’ah courts have references and sources upon which they depend – all depending upon Allaah’s Book and the Sunnah of His Messenger – then in the same way the law-courts of the manmade laws have their sources: laws patched together from many different law-systems, like French laws, American laws, British laws, etc. and from the systems of innovators who claim allegiance to the Sharee’ah, etc. So these law-courts are now present in many Muslim lands, complete and established, with open doors and the people flock thereto in throngs; their judges give judgments going against the judgments of the Book and Sunnah – according to their own laws and making these pronouncements binding and agreeing thereto and making them unalterable, so what Kufr is greater than this, and what can be a greater contradiction of the testification that Muhammad is the Messenger of Allaah?”}
Ash-Shaykh ash-Shinqeetee says in ‘Adwaa’ al-Bayaan, {“The strange thing is from those who rule by other than the Sharee’ah of Allaah, and then thereafter claims Islaam. Like Allaah (Ta’aalaa) Says, {Do you not see those who claim they believe in what was revealed to you and what was revealed before you? They wish to refer to false gods for judgment although they were commanded to reject them? Satan wishes to deviate them very far.} And He Says, {Whoever rules by other than what Allaah Revealed, then they are the disbelievers.} And He Says, {Should I seek someone other than Allaah as a judge although it is He who revealed to you the book that is detailed? Those who were given the book by Us know that it was revealed with truth by your Lord, so do not be from the doubters.}” (3/441)
And he said, {“Those who follow the laws of the legislators instead of the Sharee’ah of Allaah, are Mushriks associating partners with Allaah.”} (4/82-83)
Shaykh Ahmad Shaakir says, {“These manmade laws were forced upon the Muslims by the enemies of Islaam, who are public with their enmity. These laws, in reality, are another religion that they gave to the Muslims as a replacement to their pure and heavenly religion (of Islaam). This is because they obligated upon the Muslims obedience to this law, and planted in their hearts sanctification of it and fanaticism to it, to the point that many tongues and pens utter ‘sanctification of the law’, ‘holiness of the judgment’, ‘sacredness of the court’. They use many similar descriptions regarding manmade law which they refuse to describe the Islaamic Law by and the opinions of the Islaamic scholars of Fiqh. Instead, when they describe it, they call it reactionary, barbaric, clergy law, law of the jungle, etc.”} (‘Umdat at-Tafseer 3/214)
He also says, {“The matter of these manmade laws is clear as the clarity of the sun, it is open and clearcut Kufr which there is no secret or flattery about. There is no excuse for anyone who ascribes to Islaam, whoever he may be, to act upon it, or submit to it, or recognize it. So each person should be careful for himself and take note of himself.”} (‘Umdat at-Tafseer 4/174)
Shaykh Muhammad Haamid al-Faqqee says, {“What we can summarize from the words of the Salaf is that Taaghoot is all that deviates the slave and turns him from worshipping Allaah, being sincere in religion to Allaah, and obeying Allaah and His Messenger. This is whether that person or thing is a devil from the humans or Jinn, or if that thing is a tree or rock, etc. What is also included amongst Taaghoot, without doubt, is ruling by manmade laws which are foreign to Islaam in affairs of life, marriage, divorce, and ownership,o invalidate the Laws of Allaah, like establishment of the prescribed punishments, prohibition of interest, adultery, fornication, intoxicants, etc. These things which the manmade laws decided to legalize and defend by means of its makers and implementers. So, the laws themselves are Taaghoot, as well as those who legislate and make these laws.”}
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