However, if a person is asked to do
something haraam (not kufr), such as to go to a cinema or night club,
then obedience here is a sin, not apostasy, providing they do not
legitimize it.
On a side note, if a person is asked by a
non-Muslim to do something permissible, such as to wear a seatbelt, stop
at a red light or drive on the left side of the road, it is allowed to
do so because these things have already been made permissible by Allah.
However, if a person does so because they believe those in authority
have the right to be obeyed for who they are, this becomes shirk.
Any person that refers to an arbiter who does not settle disputes based on Islamic law is a Mushrik.
People do not claim, take or share the rights of Allah, or His names,
by only one or two means. There are many ways in which a person can
become a false god and steal some of Allah’s names and attributes.
It is not necessary to say what Pharoah said (i.e. “I am your highest
lord”) in order to become a false god or ilaah (false deity). It is enough for one to
arbitrate by kufr laws and discard the Shari’ah of Allah to be
considered a taaghout or ilaah.
There are many
ways in which people today are stealing Allah’s rights and functions. No
doubt, those who do so are Kuffaar, but so are those who
consent and obey them. This is because it is well known in the
Shari’ah, as a principle, that Ar-Ridaa bil-Kufri Kufr (Contentment
with Kufr is Kufr). Thus, those who commit shirk and those who consent
to it are both Disbelievers.
Since arbitration is ‘ibaadah, like taa’ah (obedience) and inqiyaad (submission), one can only refer to the Shari’ah of Allah when a dispute or problem arises. No person who believes in Allah and the Last Day will ever refer to man-made laws or the Kuffaar for hukm. Allah says:
“Do they then seek the judgement of (the Days of) Ignorance? And who is
better in judgement than Allah for a people who have firm conviction
(i.e. Imaan).” [5:50]
“Say: ‘Shall I seek a judge other than
Allah while it is He Who has sent down unto you the Book (Qur'aan),
explained in detail…’” [6:114]
Allah has revealed a
complete Deen that has solutions to every single problem one can face in
their life. Consequently, there is really no excuse to refer to any law
other than the Shari’ah of Islam. Allah says:
“And in
whatsoever you differ, its ruling is with Allah. (And say to the
Polytheists:) ‘Such is Allah, my Lord in Whom I put my trust, and to Him
I turn in all of my affairs and in repentance.’” [42:10]
In another verse, Allah says:
“Have you seen those (Hypocrites) who (yaz’umoon) 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 Taaghout (false judges, etc.) while they have been ordered to
reject them. But Shaytaan (Satan) wishes to lead them far astray.” [4:60]
Explaining this verse, Imaam Muhammad ash-Shawkaani said:
“Therein (the verse), the Prophet (saws) was informed about the strangeness
of those people who attributed to themselves that they have combined
between what was revealed upon Rasoolullah (saws) – which was the Qur’aan
– and what has been revealed before him to the Prophets before him. And
they have committed what nullifies this claim and they invalidated it
from its roots.” [Fath ul-Qadeer, volume 1, page 482]
The above
verse (“Have you seen those who claim to believe…”) uses the plural form
of the verb za’ama, meaning to claim something which one does not
(inwardly) believe in. So those who intended to refer to a false arbiter
(that did not judge by the Sharee’ah) were lying about their belief in
Allah and His Messenger because they proposed to go to taaghout for
judgement. Hence, merely intending to refer to taaghout for judgement
and adjudication was enough to put them beyond the pale of Islam.
Therefore, as ash-Shawkaani stated, it was indeed ‘ajeeb for
them to claim to be Believers. They had not yet referred to a false
arbiter, yet they were deemed as impostors (Hypocrites) simply because
they were willing to refer to non-Islamic law.
Muhammad bin Ibraaheem Aal ash-Sheikh also explained the above verse, saying:
“Indeed His (Allah’s) saying, ‘Those who claim…’ is a testimony from
Allah that they are liars in what they have claimed from Imaan, because,
surely, tahaakum to other than what Rasoolullah (saws) came with will never
coexist with Imaan in the heart of a servant. Rather, Imaan will
certainly nullify the other (tahaakum to taaghout).” [Risaalat Tahkeem
al-Qawaaneen]
In other words, any person who has Imaan in their
heart and believes in the Messenger Muhammad (saws) will never consult taaghout for
judgement, because tahaakum to taaghout and Imaan in Allah immensely
oppose each other.
If tomorrow we are granted authority and
power, the Khalifah will punish and execute those so-called Muslims who
refer to man-made laws and kufr constitutions and legislatures.
Allah has informed us in His Book that corruption, tyranny,
oppression and adversities will appear on Earth when people do not live
by His commands and legislation:
“Corruption has appeared on land and sea because of what the hands of men have done…” [30:41]
“And if the people of the towns had believed and had the Taqwaa (fear
of Allah by following His commands), certainly, We should have opened
for them blessings from the heaven and the earth, but they belied. So We
took them (with punishment) for what they used to earn (polytheism and
crimes, etc.).” [7:96]
Hence, those who discard the Shari’ah and
seek to live by man-made laws and kufr ways of life (e.g. democracy)
will be deprived of prosperity and Allah’s bounties; they will face all
kinds of calamities, floods, hurricanes, tsunamis and they will
continually bicker and fight with each other. No doubt, it is only the
Munaafiqeen and Kuffaar that refer to other than what Allah has
revealed for life’s affairs:
“And when they are called to Allah
(i.e. His Words, commandments etc.) and His Messenger (SAW), to judge
between them, lo! A party of them refuse (to come) and turn away. But if
the right is with them, they come to him willingly with submission. Is
there a disease in their hearts? Or do they doubt or fear lest Allah and
His Messenger (SAW) should wrong them in judgement? Nay, it is they
themselves who are the Zaalimoon (oppressors, polytheists, Hypocrites
and wrong-doers, etc.). The only saying of the faithful Believers, when
they are called to Allah (His commands) and His Messenger (SAW), to
judge between them, is that they say: ‘We hear and we obey.’ And such
are the prosperous ones (who will live forever in Paradise).” [24:48–51]
Ibn Taymiyyah said that if the people of the cities and towns
fight each other until not a single person remains alive, this is easier
upon Allah than for them to appoint a taaghout who will rule and judge
by other than what Allah has revealed.
Indeed, it is
better for one to lose all their rights and properties than to refer to
kufr law for judgement or “justice”. Who is worse than the one who knows
the truth but refers to falsehood?
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