Exclusive Fatwa : Judgement is for HIM and from HIS Shari’ah exclusively !

Question: All praise belongs to Allah the lord of all creation and may the salah and salam be upon the Messenger of Allah and those who gave their allegiance to him, to proceed…

To the noble scholars, may Allah grant you all success, as-salamu ‘alaykum wa rahmatullahi wa barakatuhu, as for what follows:

A memo has been issued to the judges by the number 13/Ta/2071 on the date 5/9/1423 H, attached herein adopting to not take complaints to Shari’ah courts concerning what gets published in the papers and magazines and delivering it to the media department instead. Also, what gets published in the papers like in the economic journal, number 3331 on the date 18/Ramadan/1423 H, directed by the justice minister to the court’s judges with the necessity of complying with the verdict, article 37 from the scheme of print outs and publications, and it dictates that: “The affairs related to publications in the papers is exclusive to the media department, not the Shari’ah courts. A committee looks into the specific differences within the system itself, is comprised of decisions from the media minister, and is headed by the deputy of the ministry who has authorization. Its members aren’t less than three, each one of them would be a legal consultant and the committee issues decisions based upon the majority vote after inviting the opposition or whoever represents him and listening to his statement. It is permissible to invite whoever it sees can be heard regarding his opinions, just as it’s permissible for it to seek aid by whom it sees fit, and the decisions made by the committee aren’t approved except after the ministry conforms to it.” So, what is your opinion regarding this? And may Allah preserve you all.

Answer: All praise belongs to Allah and may the salah and salam be upon the Messenger of Allah. And ‘alaykum salam wa rahmatullahi wa barakatuh. To proceed…

Allah (subhanahu wa ta’ala) has made the judgement for Him and seeking judgement from His Shari’ah exclusively, nothing else. He (ta’ala) said, “The decision (hukm) is only for Allah. He relates the truth, and He is the best of deciders.” He (ta’ala) said, “The command (hukm) is for none but Allah. He has commanded that you worship none but Him.” And He (ta’ala) said, “He does not have shirk in His rule.” And He (ta’ala) said, “Whoever does not judge by what Allah revealed, such are the kafirun.” And He (ta’ala) said, “And Allah judges (yahkumu); there is no adjuster of His decision.” And He (ta’ala) said, “But no, by your Lord, they will not believe until they make you, [O Muhammad], judge concerning that over which they dispute among themselves and then find within themselves no discomfort from what you have judged and submit in full submission.” And He (ta’ala) said: “Have you not seen those 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 to the taghut while they have been ordered to disbelieve in it. And Shaytan wishes to lead them far astray.” And He (ta’ala) said, “Unquestionably, His is the judgement (hukm), and He is the swiftest of accountants.” And He (ta’ala) said, “To Him is [due all] praise in the first [life] and the Hereafter. And His is the [final] decision (hukm), and to Him you will be returned.” And He (ta’ala) said, “And if you disagree over anything, refer it to Allah and the Messenger, if you should believe in Allah and the Last Day.” And He (ta’ala) said, “But who is better than Allah in judgement for a people who are certain [in faith].” And He (ta’ala) said, “Is not Allah the most just of judges?”

And He said to His prophet, “Indeed, We have revealed to you, [O Muhammad], the Book in truth, so you may judge between the people by that which Allah has shown you.” And He also said, “So, judge between them by what Allah has revealed and do not follow their inclinations…”

And on the authority of Abu Shurayh, that the Prophet (sallallahu ‘alayhi wa sallam) said to him, “Allah is the Judge and the rule is His.” (Abu Dawud and an-Nasai). And other than it from the Ayat and ahadith which establish that judgement is not referred back except Allah; not towards the fabricated man-made courts in any ministry or whatever circle it may be. The scholars have remained confronting the likes of this trend.

Shaykh al-‘Allamah Muhammad ibn Ibrahim (rahimahullah) has confronted the likes of that and it’s mentioned in his fatawa “A Memo for the Judges in Observing all Affairs.” His (rahimahullah) memo states: “It has reached us that some judges refer some matters to the ministry of labor and social development or other than it from the panels under the pretext that this is from the exclusivity of a particular entity. It is clear that the Islamic Shari’ah is capable of fixing human circumstances in all aspects, in every material respect and the likes. There is an acknowledgement for the fabricated man-made laws by referring to those entities (for judgement), agreeing upon the systems that contradict the fundamental principles of the pure Shari’ah, outwardly showing the courts in an incapable and sluggish fashion, announcing the freeing of oneself from the obligations and running away from responsibilities. So, base your observations and judgements in everything that gets referred to you by of what the noble Shari’ah necessitates.”

He also mentioned in a similar reply: “We have verified that when this commercial chamber became the reference point in disputes there will be a court for it and that the rulers aren’t legitimate, rather they are systematic and man-made. There’s no doubt that this clashes with what Allah sent His messenger (sallallahu ‘alayhi wa sallam) with of the Shari’ah which is the only suitable law to judge between mankind with. Taking into consideration something from the fabricated man-made laws to judge by it, even if it’s a little, no doubt displays a lack of acceptance to the ruling of Allah and His messenger and attributes deficiency towards the judgement of Allah and His messenger.”

The likes of this are plenty in his (rahimahullah) and also in the fatawa of his brothers amongst the righteous scholars (rahimahumullah).

From the man-made courts which Shaykh Muhammad ibn Ibrahim and his brothers rejected and fought include:

• Commercial courts
• Commercial courts for solving disputes
• Labor courts
• The committees that possess jurisdiction capabilities
• Health courts
• Military courts
• Media department courts

And other than that which opposes the Shari’ah of Allah and clashes with it and expels one from the Millah. We ask Allah for safety and well-being.

As for the claim that the entities which these courts rule by do not go against the Shari’ah, or that it’s extracted from it, or that the judgement within it is by legitimate judges, then it is a claim which is void of proof and evidences. It is demolished by the instituted proceeds of these laws which are known as entities or statues or protocols which do not refer back to the Shari’ah for solutions or regulations. Just like it’s demolished by the character of its members who don’t have anything to do with the Shari’ah, and even if there were some shar’iyyin they cannot act independently from the decisions made by these committees because it goes by the majority vote and it doesn’t permit one to go outside the tenets of the system.

The previous deputy minister of justice mentioned in his book “at-Tandhim al-Qadai”, “The other judicial committees and panels, said: Indeed, many of the affairs and disputes which came out of the authority of the common courts, and distributing it of other judicial committees and panels which follow several entities, such as the commercial courts – which was previously known as ‘the committee of solving commercial disputes’ which presently follows in its configuration and intelligence the commercial ministry. The judiciary labor committee follows the labor department and social affairs, and the tariff committees are compromised by the command of the deputy minister of wealth etc… Which constricts the judicial authorities command, and deprives it from its position of solving all the differences and disputes, where the system could hardly issue anything, except that it dictates in it, the distribution of a committee to implement the punishments upon the contravener.”

Then he listed the present man-made courts under a committee name; mentioning over 20 man-made courts by the name of a committee or panel.

It is not possible to give an exception to anyone, whoever it may be, from the Shari’ah so that he isn’t judged through Shari’ah courts; whether they were journalists, politicians, soldiers, staff personnel or others. As well, there’s also no separation between the Din, journalism, politics or anything else.

On the authority of Ibn ‘Abbas (radiyallahu ‘anhu) that the Prophet (sallallahu ‘alayhi wa sallam) said, “The most hated of people to Allah are three: the mulhid (deviant) in the Haram, a person who seeks to bring the traditions of jahiliyyah in Islam…” (al-Bukhari).

And it’s reported from ‘Aishah in the Sahihayn that Usamah spoke to the Prophet (sallallahu ‘alayhi wa sallam) regarding a woman, so he replied, “Those before you were destroyed because if anyone of their nobles stole they spared him, and if any poor amongst them stole they implemented the punishment upon him. By the One who holds my soul in His hand, even if Fatimah stole I would have her hand cut off.”

A chapter of al-Bukhari is named, “Establishing the hudud upon the noble and poor.”

Ibn Hajr said, “He must depart from favoritism in applying the hadd upon whom it is required even if it was his father or close relative or someone with noble status. He must emphasize that and reject those who give leeway or wish to intercede for one whom the hadd is required.”

Ibn Taymiyyah (rahimahullah) said, “Whoever believes there’s something given to the awliya of Allah that makes them non-obliged to follow the messengers and obey them then he is a kafir whose repentance must be sought. He either repents or is killed, such as whoever believes that there’s someone in the ummah of Muhammad that can free himself from following him the way al-Khidr freed himself from following Musa.”

Shaykh Muhammad ibn ‘Abdil-Wahhab (rahimahullah) mentioned in the ninth nullifier, “Whoever believes that some people can leave the Shari’ah of Muhammad (sallallahu ‘alayhi wa sallam) like al-Khidr left the Shari’ah of Musa (‘alayhis-salam) is a kafir.”

So, it is incumbent upon the scholars, judges, du’ah and people of goodness to stand up to what’s obligatory upon them in repelling this enormous evil and hoping for Allah’s reward in confronting and striving against it.

For verily, it relates to Tawhid, iman and kufr. Abstaining from judging by the Shari’ah for the man-made laws is disbelief in Allah al-‘Adhim and something which takes one outside the fold of Islam. And there is no power nor strength except with Allah.

Finally, the mufti of the land, Shaykh Muhammad ibn Ibrahim (rahimahullah) said, “Verily from the greatest and clearest kufr is giving the accursed man-made laws the position of that which the faithful spirit descended upon the heart of Muhammad (sallallahu ‘alayhi wa sallam) that he should be a warner in the clear Arabic tongue, judging between the nations by it, referring back to it when there is a dispute, in contradiction to, and in obstinate rejection to the saying of Allah (‘azza wa jall), ‘Oh you who believe! Obey Allah and obey the Messenger, and those of you (Muslimin) who are in authority. (And) if you differ in anything amongst yourselves, refer it to Allah and His messenger, if you believe in Allah and in the Last Day. That is better and more suitable for final determination.'”

May the salah and salam be upon our Prophet Muhammad, his family, and his companions altogether.

Signed by: Muhammad ar-Rashudi, ‘Ali al-Khudayr, Hamad ar-Rayyis, Muhammad as-Saq’ibi, Nasir al-Fahd, ‘Abdullah Al Sa’d, Hamad al-Humaydi, Ahmad as-Sinani, Ahmad al-Khalidi, and ‘Abdul-‘Aziz al-‘Amr

[Source: ilmway.com]