Sunday, June 1, 2014

Evidences on the Kuffr of the Rulers !!!

The textual evidences on the kufr of the rulers by other than what Allah has revealed!

The crux of the matter, and that is the evidences and proof for the disbelief of those rulers who rule by other than the sharee'ah of the creator.

So we say, and Allah is our sole helper:
There are three manattaat (main elements) of disbelief in this matter of ruling by other than what Allah has revealed:

1) Not ruling by what Allah has revealed: because ruling by man-made laws consequently means leaving what Allah has revealed and decreed for it, and for Allah is a ruling and a judgement in every matter.

2) Making or inventing a law other than the law of Allah: and these are the man-made laws themselves that we are talking about here.

3) Ruling by other than what Allah has revealed: meaning ruling by this law, that is contradictory and against the law of Allah.

Everyone of these three manattaat is disbelief in itself, and the portion that those rulers who rule our lands today receive of it depends on what they have actually done; as for the president and the ruler himself, then all three are found in everyone of them. Likewise, the parliaments and assemblies, i.e. the legislative council, then all three are found too, for he is the one who invents the law (manaat two) and likewise he permits it and rules by it (manattaat one and three). Likewise, the ministries of ‘justice’ also fall into this category as they are the ones who discuss its permissibility and what is to be legislated and what is not to be legislated and so on.

As for the judges, the qudaat, then manaat one and three are found in them, as they do not legislate any laws, but rather they rule by them and do not rule by what Allah has revealed. In that, if he were to decree that a thieve is to be jailed, then he has not ruled by what Allah has revealed (that is to cut his hand), and ruled by other than it and that 'other' is what they - the councils in charge and ruler - have legislated for it. In certain countries, the judges take the role of legislating as well, so that three manaattaat of disbelief are found in them.

In the following, we will seek to establish the decree of Allah in those rulers today, and an elucidation of their kufr:


First manaat of disbelief: Not ruling by what Allah has revealed (tarkul-hukm bimaa anzal Allah)

Proof that it is kufr is His (swt) saying:
'And whoever does not rule by what Allah has revealed then they are the disbelievers', (al-Maa`idah: 44). Allah here makes the ruling of disbelief based simply on not ruling by what He (swt) has revealed,and not on ruling by other that it. The ayah is general, and is defined and signified by "al" (as has been explained in the introductory points), so it is major kufr; based on this, some scholars of Islaam have stated that leaving ruling by what Allah has revealed in one matter from the matters then that person is a kaafir, whether he was ruling by what Allah has revealed generally, or not, and no one is exempted from this except the mistaken mujtahid. Note however, that this opinion will be discussed further, and it will become clearer to the reader that this is in fact a slightly less popular view amongst the scholars of the Salaf, but nonetheless it is a valid opinion with its strong evidences, and in addition this is irrelevant to the rulers today as they have not only ruled by other than what Allah has revealed, but they have also legislated and ruled by their man-made legislations, thus fulfilling the second and third manattaat of disbelief.

And the second manaat of disbelief is as has been mentioned: Legislating that which Allah has not permitted, meaning, making or inventing a law other than the law of Allah.

It has been already stated, in the first post - the introduction - that legislation and judgement is solely for Allah, as He (swt) says: "Verily ruling is only for Allah" and "And none share in His
(swt) ruling". Upon that, anyone who makes and invents a law that contradicts Allah's law, then he has made himself a partner with Allah, and made himself a god for people, and he disbelieves due to that, and with all these things due to the following evidences:

Number one"Do they have partners who have legislated for them in the religion, what Allah has not permitted?", (ash-Shoora: 21)

It is clear then, and established that whoever legislates what Allah has not permitted, then he has made himself a partner in ruboobiyyah with Allah and associate with Him (swt).

And the meaning of "in the religion" is the law, and the system, as this is form the meanings of "relgion", as Allah speaks of Yoosuf (as) and says "It is was not for him to take his brother into the religion of the king, and the 'religion' here is the sharee'ah of that king.

In the tafseer of this ayah, Ibn Katheer said: 'And His saying, may He exalt in His highness:"Do they have partners who have legislated for them in the religion, what Allah has not permitted?": meaning, they do not follow what Allah has legislated for you in this upright religion, but rather they follow what their shayateen of jinn and man, and what they have legislated for them of taboos, such as the Bahirah Saa`ibah, Wasilah, or Ham. They also permitted eating flesh and blood of animals not slaughtered for consumption, gambling and other kinds of misguidance, ignorance and falsehood. These are things that they invented during Jahiliyyah, when they came up with all kinds of false rulings on what was permitted and what was forbidden, and false rites of worship and other corrupt ideas." - See Tafseer Ibn Katheer, vol. 4/111.

Ibn Taymiyyah said of this ayah: "Do they have partners who have legislated for them in the religion, what Allah has not permitted?", so whoever makes it acceptable (nadab) for something to seek closeness to Allah with, or made it obligatory with his words or actions without Allah permitting so, then he has legislated in the religion what Allah has not permitted, an whoever follows him in that then he has taken [that man] as a partner with Allah, he has legislated for him in the religion what Allah has not permitted" - See Iqtidaa` as-Siraat al-Mustaqeem, page 267 of al-Madani print.

Number two: His (swt) saying, "And none shares in His ruling" (al-Kahf: 26), The same that was said in the above evidence is said here, and that is whoever legislates that which Allah has not permitted then he has made himself a partner with Allah.

Number three: His
(swt) saying: "And so to many of the mushrikeen their (Allah's so-called) "partners" have made fair-seeming the killing of their children" (al-An'aam: 137)

The ayaat around this ayah, start with, "And they assign to Allah a share of the tilth and cattle which He has created, and they say: "This is for Allah according to their pretending, and this is for our partners." until "Indeed lost are they who have killed their children, from folly, without knowledge, and have forbidden that which Allah has provided for them, inventing a lie against Allah. They have indeed gone astray and were not guided.". Ibn 'Abbaas said: "If you are curious to know the ignorance of the Arabs, then read what is above (before), ayah 103 from Surat al-'An'aam: 'Indeed lost are they who have killed . . . ' to 'and were not guided'" - Collected by al-Bukhaari. What is reffered to by Ibn 'Abbaas in this statement, is the ignorance and shirk in Allah that the people of the days of ignorance used to have. And this ignorance and shirk was because their associates in lordship (their shurakaa`), from the shayateen of man and jinn had made it halaal what Allah had made haraam, and what Allah had not permitted, and from that is the killing of children fearing poverty, and burying girls in fear of shame. For more revise the tafseer of Ibn Katheer, volume 2/179-181. The first person to have legistlated for them these false legislations was 'Amr bin Luhayy al-Khazaa'iy, as you will see in the next evidence (no. 4). And so from the clearest evidences in this ayah that legislating other than what Allah has permitted is disbelief, is Allah's description of it in His words "partners"; in that He described whoever legislates as a partner with Him, ta'ala Allah 'an thaalik 'uloowan kabeera.

Number four"Allah has not legislated things like Bahirah (a she_camel whose milk was spared for the idols and nobody was allowed to milk it) or a Sa'ibah (a she_camel let loose for free pasture for their false gods, e.g. idols, etc., and nothing was allowed to be carried on it), or a Wasilah (a she_camel set free for idols because it has given birth to a she_camel at its first delivery and then again gives birth to a she_camel at its second delivery) or a Ham (a stallion_camel freed from work for their idols, after it had finished a number of copulations assigned for it, all these animals were liberated in honour of idols as practised by pagan Arabs in the pre_Islamic period). But those who disbelieve invent lies against Allah, and most of them have no understanding." (al-Maa`idah: 103)

Ibn Katheer said, "al-Bukhaari said: Moosa bin Isma'eel informed us that, Ibraheem bin Sa'd on the authority of Saaleh bin Kaysaan on the authority of Ibn Shihaab on the authority of Sa'eed bin al-Musayyab who said: 'he Bahirah is a female camel whose milk was spared for the idols and no one was allowed to milt it. The Sa’ibah is a female camel let loose for free pasture for the idols, and nothing was allowed to be carried on it. Abu Hurayrah said that the Messenger of Allah (saws) said, 'I saw ‘Amr bin ‘Amir Al-Khuza’i pulling his intestines behind him in the Fire, and he was the first to start the practice of Sa’ibah'. As for the Wasilah, it is a female camel set free for the idols because it had given birth to a she-camel in its first delivery and then another she-camel at its second delivery. They used to set such camel free if she gave birth to two females without a between them. As for the Ham, it is a male camel which would be freed from work for the idols, after it had finished a number of copulations assigned for it. The male camel freed from work in this case is called a Hami. This is how Muslim and an-Nisaa`i collected it. . . . So this man, 'Amr, is the son of Ibn Luhayy the son of Qim'ah, who was one of the leaders of Khuzaa'ah, who took control of the House (al-Ka'bah), and he was from the first to change the religion of Ibraheem al-Khaleel, so he entered the idols into the peninsula and called the backward people to worship it and seek closeness to it, and he legislates for it these Jaahili legislations, as Allah speaks of them: 'And they assign to Allah a share of the tilth and cattle which He has created' to the end of those ayaat. . . . And His
(swt) saying, "But those who disbelieve invent lies against Allah, and most of them have no understanding." means that they have legislated these things, which are not even a way of seeking closeness to Him, but the mushrikeen lied and legislated it and made it a way for them to seek closeness to Him(swt) , and what they want will not happen for them, rather what they are doing is going to be a disaster for them" - End of the words of Imaam Ibn Katheer, see: Tafseer al-Qur'aan al-'Atheem, volume 2/107-108.
What is wanted by us in this ayah, is that Allah has called those who legislate as disbelievers who lie, "But those who disbelieve invent lies against Allah, and most of them have no understanding.".

Number five: His
(swt) saying: "The postponing (of a Sacred Month) is indeed an addition to disbelief: thereby the disbelievers are led astray, for they make it lawful one year and forbid it another year in order to adjust the number of months forbidden by Allah, and make such forbidden ones lawful. The evil of their deeds seems pleasing to them. And Allah guides not the people, who disbelieve." (at-Tawbah: 37)

an-Nasee` (postponing of the months), is an institution (a legislation) in conflict with Allah's legislation of sacred months. In Jaahiliyyah, if they wanted to fight in a particular month that was sacred (which was prohibited to them), they would simply alter the months, saying that this year this month is not sacred, instead this month is, thus legislating in this matter what Allah has made forbidden. So Allah informed them that this is an 'increase' and addition in disbelief, and an increase in disbelief is disbelief. Ibn Katheer said of this ayah: "And from the things that Allah criticised the mushrikeen for is their control and treatment of the sharee'ah of Allah and them using their corrupt opinions to change to the rules of allah with their cool desires, and their making halaal what Allah had made haraam, and them making haraam what Allah had made halaal . . . and they had innovated before Islaam in a slight peroid, the making halaal of the month of al-Muharram, and delaying it to the month of Safar, so they make halaal the sacred months, and make haraam the normal other months, so that they are in agreement with the number of months Allah has made forbidden" - See Tafseer Ibn Katheer, vol. 2/356.

Abu Mansoor al-Baghdaadi said in al-Farq bin al-Firaq, in his descrption of the one of the groups outside of Islaam, "Or making permissable (abaah) what the Qur'aan has declared forbidden, or making forbidden what Allah has made mubaah clearly without further interpretation required - then he is not from the ummah of Islaam at there is no respect (walaa karama)." - See al-Farq bin al-Firaq, page 14, Mu`assasat al-Halabi print.

And it has been stated earlier in this thread that the governments today have licensed interest-based banks, and alcohol and their likes - not forgetting their allowance of apostasy and insulting Allah and mockery of His
(swt) deen, so whoever does it or allows its practice is out of this ummah and deserves no respect whatsoever, so what of the ones who impose this unto the people ?

Number six: His
(swt) saying: "They took their monks and rabbis as lords beside Allah, and Jesus the son of Maryam, and they were not commanded to worship except one Lord, laa ilaha illa huw, exalted He is above what they associate with him" (at-Tawbah: 31)

Ibn Katheer said of this ayah: "And His
saying: "they took their monks and rabbis as lords beside Allah, and Jesus the son of Maryam"; Imaam Ahmad, at-Tirmithi and Ibn Jareer collect from the way of 'Aday bin Haatim that when he heard of the call of the Messenger of Allah (saws) he rushed to ash-Shaam [the Levant], and he had become a Christian in Jaahiliyyah, so his sister and a group of people from his tribe were taken as prisoners, but the Messenger of Allah (saws) released his sister, so she returned to her brother and made him interested in Islaam and in coming to see the Messenger of Allah (saws) so 'Aday came to Madeenah, and he was the leader of his tribe, Tee`, and his father was Haatim at-Taa`ee, popularly known as al-Karam; so the people talked about 'Aday's coming, and when he entered upon the Messenger of Allah (saws) and he was wearing a silver cross, and the Messenger was reading: "They took their monks and rabbis as lords beside Allah, and Jesus the son of Maryam", so I said: "They never used to worship them", so he said, "Surely they did, did they not make haraam what was made halaal, and made halaal what was made haraam, so they followed them, and that is worshipping them"...And this is what Huthayfah bin al-Yaman, 'Abdullah bin 'Abbaas and others said in the tafseer of this ayah "They took their monks and rabbis as lords beside Allah, and Jesus the son of Maryam". as-Suddi said of this ayah: Meaning, they consulted men and ignored the book of Allah behind their backs, and for that reason, Allah said: "and they were not commanded to worship except one Lord", meaning what He makes haraam, then it it haraam, and what He makes halaal then it is halaal, and He is followed and His command fulfilled, "Laa ilaha illa huwa, exalted He is above what they associate with Him", meaning, He is above, holier, and free from the partners, and helpers, children, and challengers they make for Him, and there is no God but Him. - See Tafseer Ibn Katheer, volume 22/248-249. And the hadeeth of 'Aday bin Haatim was declared hasan by at-Tirmithi and Ibn Taymiyyah, see, Majmoo al-Fatawaa, volume 7/67.

The ayah is clear then that the one who legislates, and makes haraam halaal, and halaal haraam, then he has made himself an associate with Allah, and this is from the clearest of kufr which many of those rulers have fallen into today.

Number seven: His
(swt) saying: "Say (O Muhammad ): "O people of the Scripture (Jews and Christians): Come to a word that is just between us and you, that we worship none but Allah, and that we associate no partners with Him, and that none of us shall take others as lords besides Allah. Then, if they turn away, say: "Bear witness that we are Muslims." - (Surat aal-'Imraan: 64)

al-Qurtubi says of this ayah: "and that none of us shall take others as lords besides Allah", meaning that we are not to follow the men in making things halaal and haraam, except in accordance with Allah, (otherwise this ayah befalls us), and this is a mirror of His
(swt) saying: "They took their monks and rabbis as lords beside Allah, and Jesus the son of Maryam", meaning they raised those monks and rabbis to a level equal to Allah, by accepting their tahreem (making forbidden) of what Allah made halaal, and tahleel (making permissable) of what Allah made haraam".

And what has been said above applies fully to those ruelrs, and their assemblies, and their legislative councils. They have shown clearly how these rulers have taken positions only deserving of our Creater, as the attribute of legislation is only for Allah, "Verily ruling is only for Allah".
The textual evidences on the kufr of the rulers by other than what Allah has revealed: The Third manaat of kufr!

And the third manaat of disbelief in this matter, is as has been mentioned: ruling by other than what Allah has revealed. The meaning of this is a man, rules by the man-made legislated law in contradiction to Allah's law.

The evidences for this are the following:

Number one"Do they have partners who have legislated for them in the religion, what Allah has not permitted?" (sh-Shoora: 21)

The explanation of this ayah has been mentioned in the discussion of the second manaat, so revise that, ash-Shinqeeti said of this ayah: "And so when legislation in all matters - shar'iyyah or kawniyyah (cosmic?) - is from the specifics of Ruboobiyyah, as the mentioned ayah says, then all those who follow a legislation/institution other than the legislation of Allah, then he has taken that legislator a lord, and associated him with Allah"- See Adwaa` al-Bayaan, volume 7/196.

Number two: His
(swt) saying: "And none shares in His ruling" (al-Kahf: 26), The same that was said in the above evidence is said here, ash-Shinqeeti said, "And with these Heavenly texts that we have mentioned, it becomes quite clear that the ones who follow the fabricated laws, which the Shaytaan has legislated upon the tongues of his awliyaa` and which oppose that which Allah has legislated upon the tongues of His Messengers, peace be upon them, that no one doubts their Kufr and their Shirk except him who Allah has removed his sight and has blinded them to the light of the revelation as they are!"- See Adhwaa Al-Bayaan, Vol. 4/ 82-85.

Number three: His
(swt) saying: "They took their monks and rabbis as lords beside Allah, and Jesus the son of Maryam, and they were not commanded to worship except one Lord, laa ilaha illa huw, exalted He is above what they associate with him" (at-Tawbah: 31). This ayah has been explained in the previous posts, but I mention here the explanation of Shaykh 'Abdurahmaan bin Hasan aal-ashaykh, in his book Fath il-Majeed, "So it is made clear with this, that the ayah (9:31) proves that whoever obeys other than Allah and His Messenger and turns away from taking from the Book and the Sunnah, concerning making Halaal what Allah made Haraam or making Haraam what Allah made Halaal or obeys him in the disobedience of Allah and follows him in what Allah did not give permission for, then he has taken him as a lord and something worshipped and made him a partner with Allah and that contradicts the Tawheed which is the Deen of Allah that the words of Ikhlaas: La Illaaha il-Allah, have indicated. (This is) because the Ilaah is the thing, which is worshipped, and Allah labeled their obedience as worship towards them and called them lords.

Like He
(swt) said: 'And He does not order you to take the angels and the Prophets as lords… ' In other words, '… as partners with Allah in His worship… ' - 'Does He order you to do Kufr after you were Muslims? ' And this is the Shirk because anything which is worshipped is a Lord and all things, which are obeyed or followed concerning other than what Allah or His Messenger have legislated, then he has been taken by the obedient one or the follower as a Lord and a thing to be worshipped.

Like He
(swt) said in Surah An'am: 'And if you obeyed them,
then you are Mushrikeen. '
 And this is the meaning of this Ayah and like this Ayah in meaning is His
(swt) saying: 'And do they have partners who have legislated in the Deen what Allah did not give permission for?' And Allah knows best." - See, Fath Al-Majeed, Pg. 110-111. Published by Dar Al-Fikr.

Shaykh 'Abdurahman bin Hasan mentions after this, the explanation of Shaykh al-Islaam Ibn Taymiyyah, where he said that the ones who follow this man made legislation then they are of two types:

1) The ones who know that this person has replaced the rule of Allah, so they follow the person in this replacing, so they believe in making halaal what Allah has made haraam, and making haraam what Allah has made halaal, following in that their leaders, albeit knowing that they are going against the Messengers, then this is disbelief, and Allah and His Messenger have made it shirk.

2) That they believe that in what Allah has made haraam and made halaal, but they follow this person in disobeying Allah, like a Muslim commits a sin that he believes is a sin, then this person and similar to him are from the people of (non-disbelieving) sins. - See Majmoo' al-Fatawaa, volume 7/70.

And the above is correct, and it is clear it is in the one who follows these man made laws, and not legislates or seeks judgement from them.
There are plenty of more evidences for this manaat, but we will end with the brief evidences mentioned above, due to fear of lengthening too much and making this topic getting a bit boring. And Allah is the only helper to all good.

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