It is narrated from Hasan ibn Abi ar-Rabi`a al-Jurjaani saying, “We heard it from `Abdur-Razzaaq from Mu`ammar from Ibn Tawus from his father who said, ‘Ibn `Abbas (ra) was asked regarding the statement of Allah, “Whoever does not rule by what Allah has sent down, then they are Kaafiroon.” Surat al-Maa’idah, ayah 44 .
He (Ibn `Abbas) said‚ “This is sufficient for his Kufr.” - Akhbaar Al-Qudhaa Vol. 1/41
Abdur-Razzaq
said, "Ma`mar narrated to us that Tawus said that Ibn `Abbas was asked
about Allah's statement, (And whosoever does not judge...) He said, `It
is an act of Kufr.'… (Abdur-Razzaq 1:191)
And this is
clear based upon the following report: “Someone said to Huthayfah Ibn
Al- Yamaan, that the Aayaat “And
whosoever does not judge by what Allâh has revealed, such are the
Kâfirûn–Zalimoon and–Fasiqoon” applied to the Children of Israel only,
that is, if one of the Jews ‘Ruled by Other Than What Allah Revelaed’
he would be a Kaafir, Thaalim and Faasiq but that this would not apply
to a Muslim. Huthayfah (sarcastically) replied, “What good brethren the
Children of Israel are to you. All of what is bitter is for them and all
that is sweet is for you. By Allaah, you shall follow their way step by
step and shall be dealt with like them!”-
Al-Haakim
narrated it in Al-Mustadrak , Vol. 2/342 who said, “It is Saheeh
according to the conditions of the two Shaykhs (i.e. Bukhaaree and
Muslim) but they did not narrate it.” And Adh-Dhahabee said in
Al-Taalkhees, “It is upon the conditions of Bukhaaree and Muslim”. And
Shaykh Suylamaan Al-Ulwaan agreed with that.
The Saying of the eminent taabi’ee, Hasan Al-Basree:
Who
said in his tafseer of the Aayah {and whosoever does not judge by what
Allah has revealed, such are kaafiroon (disbelievers.): “(This aayah)
was revealed regarding the People of the Book (Jews and Christians), but
it is also obligatory upon us (i.e. the ruling is the same for anyone
who legislates other than the Legislation of Allaah.)” Tafseer Ibn
Katheer Vol. 2/12
Shaykh Al-Islaam, Ibn Taymiyah:
Who
said: “And it is known by necessity in the Deen of the Muslims and by
the agreement of all the Muslims that whoever follows a Sharee’ah other
than the Sharee’ah of Muhammad (saws) ; then he is a Kaafir and it is
like the Kufr of the one who believes in some of the Book and
disbelieves in some of the Book.” –“Al-Fataawaa”, Vol. 28/524
“The
meaning of “Taaghoot” comes from the one who performs Tughyaan and this
means going outside the established borders (i.e. exceeding his limits)
and it is Thulm (wrong doing) and rebellion. So the one who is
worshiped instead of Allaah and he doesn’t hate it, then he is a
Taaghoot. And for this reason the Prophet called the idols Tawaagheet
(plural of Taaghoot) in the Saheeh Hadeeth in which he said,
“Tawagheet will follow the people who worship the Tawagheet.” The person
who is obeyed in disobedience of Allaah or the person who is obeyed in
following other than the guidance of the Deen of truth; in either case,
if what he orders mankind is in opposition to Allaah’s orders, then he
is a Taghoot. For this reason, we call the people who rule by other than
what Allaah revealed, a Taaghoot. And Pharaoh and the people of ‘Aad,
were Tughaat (plural past tense).” Al-Fataawaa, Vol. 28/200
"Every
group which rebels against a law of the clear Islamic Shariah, must be
fought by the consensus of all the imams of the Muslims, even if they
pronounce the shahaadah (declaration of faith)." (Al-Fataawa: 28/510)
After
mentioning the ayah 9:31 Ibn Taymiyah writes, “One of the ways in which
they committed shirk was that they (the rabbis and monks) permitted
them things which were forbidden, and they obeyed them, and they forbade
them in things which were permitted, and they obeyed them.” Iqtidaa
as-siraat al-mustaqeem. So I ask the question has not the Saudi
government or other so called Muslim countries made halal Ribba banks, which in fact Allah and His
messenger (saws) have waged war on? Also the Hadith of not two religions
being in the Arabian penicillin and the government allowing hostile
kaffir troops inside the holy lands.
On discussing the
issue on how to treat the people of deviance; “The aim of it is to scold
the one who is abandoned and discipline him and save the society from a
similar outcome. So if the good in doing so is more preponderate as far
as one can ascertain, then hijrah until the evil is weakened and
diminishes is permissible. But if the one abandoned or other cannot
leave the evil but increase in evil due to the treatment, or the one
abandoning the weak – so much so that it is improbable that the good
will prevail- then hijrah is not allowed.
Rather, being friendly
to some people is more beneficial than shunning them. And shunning is
more beneficial with some people than friendliness.” Majmu al-Fatawa
(28/203-204). So what is being said here is that bara from the deviants
is done to benefit and help them and not destroy. So bara must be done
with hikmah if harshness will make the person realize there deviance
then this is best. However if kindness and direct verbal and actions
guidance is showed it will benefit then this is best. The Madkhali
Tramps just show statements of the salaf backing the one side of being
harsh, but this was at a time when the mainstream Muslims where strong
and darrul Islam was present. At the present time deviancy is strong and
we lack darrul Islam, and most importantly a deviant is still a Muslim.
Something the super Madkhalis lack in their khawrij style of bara.
There
is also the hadith of abu Bardah ibn Nayyaar, whom the prophet (saws) sent to the man who had married his father’s wife. He ordered him to
behead him and to take his wealth and give one-fifth of it to the Muslim
state (like war booty); the fact that his wealth was seized and on
fifth given to the Muslim state indicates that he was a kaafir and not
merely an evildoer. His kufr was because he dint not regard as haraam
that which Allah (swt) and his Messenger had forbidden. “majmoo al
fatwaawa 20/90-92” So the man was killed without being asked or hujja
being done, and this because his action was clear open kufr or kufr
bawaa.
He was not asked if he felt what he was doing
was wrong, this because marrying the mother is forbidden and by
marrying, which is like a ceremony or constitutes legislation. The man
apostated and this was judged by his actions and the rulers who make
open banks filled with Ribba, regardless if they say they know they are
doing wrong their actions speak different. By legislating it is okay to
have Ribba contained bank account they have apostated and committed kufr
bawaa.
Ibn Jareer comments on the same issue, “His
action was the clearest evidence that he disbelieved in the message that
the Messenger of Allah (saws) had brought from Allah, and that he denied
the clear, unambiguous aayah… Based on his action, he deserved the
ruling of killing and beheading. Hence the Messenger of Allah (saws)
commanded that he should be killed and beheaded, because that was his
way concerning the apostates who left Islam.” Tahdheed al-Athaar 2/148.
“And that is why
anyone to whom people go to for judgment other than the Quran and the
Sunnah is called Taghut”. Majmooal Fatawa pg.20
Al-Haafidh Ibn Katheer:
Who
said: “Thus whoever left the wise Sharee`ah sent upon Muhammad (saws)
ibn `Abdullah, the Seal of the Prophets, and makes judgments to other
than it from the abrogated sharee`ah’s has become a kaafir. So how is it
for the one who makes judgment to al-Yaasiq and makes it superior over
it (the Islamic Sharee`ah)? Whoever did that, then he has already become
a kaafir by consensus (ijmaa`) of the Muslims.” – “Al-Bidaayah wa
Nihaayah”, Vol. 13/119
“And
as for the royal policies,
which the Tartars were ruled by, which were taken from their king,
Genghis Khan, who laid down for them Al-Yaasiq, which is a book made up
of laws which he took from different shari`as. It is from Judaism,
Christianity, the Islamic religion and others. Also it contains many
laws which he took from his sheer thinking and desire. Thus, it became
within his sons a followed law to which they have been giving precedence
over ruling by the Book of Allah and the Sunnah of His Messenger
(saws). Whoever does this is a kaafir who must be fought until he
returns to the rule of Allah and His Messenger (saws) so no one other
than He should not rule even for a day.” Tafseer Ibn Katheer, Vol.
2/63-67
Ibn Al-Qayyim Al-Jawziyyah:
“The
term‚ Taaghoot refers to all things in which the slave (i.e. man)
exceeds his limits whether it takes the form of someone who is worshiped
or obeyed. So a Taaghoot means all people who rule by other than what
Allaah rules or His Messenger (saws) This would also apply in the case
that the people worship him besides Allaah or they follow him without
sight from Allaah or they obey him when they aren’t sure if they are
obeying Allaah. So these are the Tawaagheet of the world and if you look
at them and see the condition of the people with them, you will see
that most of them have switched from worshipping Allaah to worshipping
the Taaghoot. From ruling by what Allaah and His Messenger (saws)
ruled, to the ruling of the Taaghoot. And from obeying Him and His
Messenger (saws) to obeying the Taaghoot and following him.” - I’laam
al-Mawaqqi’een, Pg. 50
On the tafseer of 4:61 the
shaykh said: ”Here Allah describes turning away from that which the
messenger brought and turning towards something else as being the
essence of hypocrisy.” Mukhtasar as-Sawaa’iq 2/353
And
in his tayseer al-Azeez al Hameed;”Ibn al-Qayyim said: this indicates
that whoever is called to refer for judgment to the Qur’an and Sunnah,
and does not accept that and refuses to do so, is one of the
hyprocrites. The verb yasuddoon (translated here as ‘turn away’) is
intransitive, i.e., it does not take an object; it means that they turn
away, not that they prevent others. If Allah has ruled that the one who
turns away from that is a hypocrite, then how about the one who goes
further that that and turns other people away from referring for
judgment to the Qur’an and Sunnah through his words, teaching and books,
still claims that he means no more than good will and reconciliation,
goodwill through his actions and reconciliation between the taaghoot to
which he refers for judgment and the Qur’an and Sunnah?” Tayseer
al-Azeez al Hameed pg. 557
“The Taghut of every people
is the one whom they go to for judgment apart from Allah and his
Messenger.” (Aalamul Nouaquieen: 40,141)
Ibn Jareer At-Tabaree:
Who
said: “He ta’ala says, whoever conceals the Hukm of Allaah, which He
revealed in His Book and made it a law between the slaves – so he hides
it and rules with other than it like the Hukm of the Jews concerning the
married fornicators with whipping of the guilty and blackening their
faces and concealing the Hukm of stoning and like their judging upon
some of their murdered with full blood-money and some with half of their
blood-money. And concerning the noble people, they would have Qisaas
but the commoner would only get the blood money. But Allah made all of
them equal in the Tauraat: …such are the Kâfirûn. They are the ones who
concealed the truth, which was upon them to uncover and make clear.
And
they hid it from the people and they showed something different to the
people and they judged according to that (changed Hukm) because of a
bribe they took from them.” (* So the point of At-Tabaree here is that
he considers this Ayaah general for anyone who does what the Jews did
and hold this Ayaah meaning of Kufr Akbar upon anyone who does what they
did.) – “Tafseer Al-Tabaree” Vol. 4/592)
Imaam Ibn Hazm:
Who
said: “…If someone prohibits something that was permissible during the
time of the Prophet:SAAWS:; or makes permissible something that was
prohibited during the Prophet (saws) or makes a punishment obligatory
(for a certain crime) which was not obligatory during the Prophet (saws) or legislates a legislation which was not existent during the
Prophet (saws) then he is an infidel polytheist (kaafir mushrik), his
blood and wealth are Halaal. The verdict regarding him is the same as
regarding an apostate, without any difference.” Al-Ihkaam fee Usool
al-Ahkaam Vol. 1/73
"Whoever seeks the judgment other
than that of the Messenger (saws) is not a believer, and if he is not a
believer, then he is a disbeliever- and there is no third way in this!"
(Al-ihkaam fi usooli al ahkaam, 1/98)
Ibn Qudamah:
“The absence of an imam does not postpone the jihad, because much is lost in its postponement.” Al-Mughni
8/253
Allaamah Muhammad Al-Ameen Al-Shanqeetee:
“Associating
with Allaah in His Hukm is like associating with Him in his worship and
there is no difference between them at all, so the one who follows an
institution other than the institution of Allaah, or other than that
which Allaah legislated and a law which opposes the legislation of
Allaah from that which has been fabricated by human beings, turning away
from the light of the heavens that Allaah revealed upon His
Messenger (saws).
Whoever does this and whoever
worships an idol or prostrates to a statue; there is no difference
between them at all from any point of view. They are both one thing and
they are both Mushriks with Allaah.
This one
associated with Allaah in His Hukm and they are both the same” From the
cassettes of the Shaykh in his Tafseer of Surat At-Taubah at Allaah
ta’ala’s saying: “They (Jews and Christians) took their rabbis and their
monks to be their lords besides Allâh”
“And since the
legislation and all of the laws, whether they are from the Sharee’ah or
Qadr laws, they are from the specific characteristics of Ruboobiyyah,
like the aforementioned Ayaat indicate. Based upon that, anyone who
follows a legislation other than the legislation of Allaah; then he has
taken that legislator as a Lord and has associated him with Allaah”
“Adhwaa Al-Bayaan”, Vol. 7/169
In a clear and
unambiguous statement: “according to the guidance of the Quran, which
guides to that which is most just and right, everyone who follows any
laws other than those which were brought by the master of the sons of
Adam, Muhammad ibn Abdullah (saws) follows a deviant and contradicting
laws. This is blatant kufr which puts him beyond the pale of Islam.
Adwaa al Bayaan pg 3/439.
‘Allaamah Muhammad bin Ibraheem Aal’a-Shaykh (Teacher of Bin Baz):
“So
maybe you will ask: What if the one who rules with the laws says, “I
believe these Laws are Baatil?” There is no effect. Rather, this is
removing the Sharee’ah just like if one said, “I worship these idols and
believe that it is Baatil” - Fataawa Al-Imaam Muhammad bin Ibraheem
Aal’a-Shaykh, Vol. 6/ 89
‘Abdul-Lateef bin ‘Abdur-Rahmaan (i.e. Ibn ‘Abdul-Wahhab’s great-grandson):
Who
said: When asked concerning what the Bedouins judge with according to
the customs of their fathers and grandfathers. “Do we label them with
Kufr after it is made clear to them (that this is not permissible and
when they continue)?” So he answered, “Whoever takes the judgment to
other than the book of Allaah and the Sunnah of His Messenger (saws)
after it is made clear to him (that this is not permissible), then he is
a Kaafir. He, ta’ala said: ‘And whosoever does not judge by what Allâh
has revealed, such are the Kâfirûn.’ ‘Is it other than the Deen of
Allaah that they seek?’ ‘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 Tâghût (false judges, etc.) while they have been
ordered to reject them.’ ‘And the Ayaat with this meaning are many.” –
“Dur’ur as-Suniyyah fi’Al-Ajwibah an-Najdeeyah”, Vol. 8/231 published by
“Dar Al-Iftaa’ bil’Saudeeyah” 1385H
Shaykh ‘Abdul-‘Azeez Ibn Baaz:
Who
said: “There is no Eemaan for the one who believes the laws of the
people and their opinions are superior to the Hukm of Allaah and His
Messenger (saws) or that they are equal to it or that they resemble it
or who leaves it or replaces it with fabricated laws and institutions
invented by people, even if he believes that the laws of Allaah are more
encompassing and more just.” – “Risalaat Wujoob Tah’keem Sharee’at
Allaah’ Pg. 39, which follows the “Risalaat Tah’keem Al-Qawaneen”
Published by “Daar Al-Muslim”
When asked the question,
“The ruling concerning one who opposes the laws of Allah?” Bin Baz
replied. “Allah has made this clear in his noble Book and there is a
consensus of the Muslim scholars upon it. It is, therefore obligatory to
act upon it with faith and belief. If a person alleges that something
different from what the shariah has stated is better or more suitable,
then he is a disbeliever. Similarly, anyone who says that it is
permissible to go against the shariah is also a disbeliever. This is
because he is opposing Allah and his Messenger (saws), as well as the
consensus of the ummah. It is upon the ruler to ask him to repent if he
is a Muslim. If he repents (that is accepted from him). If he does not
repent, then he must be killed as a disbelieving apostate from islam.
“Islamic Fatawa regarding women” pg.33
Bin Baaz also
said: “Whoever rules by something other than that which Allah has
revealed thinking that is better than the laws of Allah is a kaafir
according to all the Muslims. The same applies to one who rules by man
made laws instead of the laws of Allah and thinks that is permissible
even if he says that referring to the shariah for judgment is better he
is a kaafir because he regards as permitted something that Allah's has
forbidden.” Majmoo al fatawwa Ibn Baaz, 4/416.
Also
on
his fatwa of allowing American soldiers into the holy land to attack
Iraq a Muslim based country, this contradicts a fatwa issues by the
shaykh himself. When he was once asked if some one could have a none
Muslim maid in the holy land he forbade this. If the shaykh was right or
wrong and what is his
punishment is due to Allah as he is dead. But those who support and
follow his fatwa even though they have been showed clear proof then the
words of ibn taymeer should shed some light. On talking about a fatwa
that is incorrect or misjudged itjihad shaykh ul islam said this “But
those who know that it is a mistake and goes against what the messenger
said, and still follow him in his mistakes and turn away from what the
messenger said, have a share in that shirk which Allah condemns,
especially if they are following their whims and desires and they
support it by their actions, even though they know that this goes
against what the messenger said. This is shirk and the one who does this
deserves to be punished for it. Hence the scholars are agreed that if a
person knows the truth (the correct view on a matter), it is not
permissible for him to follow anyone in going against it…” Al eeman
pg.67; majmoo al Fataawa, 7/71
al-Muhaddith Muhammad Naasir ud-Deen Al-Albaanee:
Who
said, in one of his earlier cassette recorded lessons, wherein he is
describing an argument he had with someone about the Takfeer of Mustafah
Ata’turk, the secularist who converted the constitution of Turkey from
the Hanafee code Sharee’ah, to the man-made laws. So Shaykh Al-Albaanee
said, “I made clear to him (i.e. his opponent) that the Muslims did not
make Takfeer to Ata’turk who was Muslim. No. (They did so) when he freed
himself from Islaam when he implicated upon the Muslims an institution
other than the institution of Islaam. And from that was the example of
his equalizing between the inheritance of the male and the female. But
Allaah says according to us, ‘And for the male is the share of two
females.’ And then he obligated upon the Turkish masses, the Qobah (i.e.
a Turkish-style hat).” – “Fataawa Ash-Shaykh al-Albaanee
wa-Maqara’netihah bi’Fatawaa Al-‘Ulaama”, Pg. 263 from his cassette
#171.
In Albanies book silsilah ahadith al-da'ifah wa
al-Mawdu'ah on the hadith 118/77. "There isn't any mahdi but isa"
(munkar). He writes, "This hadith has been used by the Qadiyanis to prop
up and promote the cause of Mira Ghulam Ahmed Qadiyani who first
claimed he was the mahdi. Later he claimed that he was the awaited Isa
and that there will be no mahdi but Isa himself. Of course, he used this
hadith to argue in is own favor. The claim appeared to be truthful to
many who were ignorant of their religion.
Much has
been written to combat this new evil and of special value is the booklet
written by Syed Abul A'ala Mawdudi." Now Madkhalis hate Mawdudi however
Albani is advising to read his book when the huqq is spoken. Showing
even if an Alim is deviant that to read from his books or obtain
knowledge when the huqq is spoken is allowed.
Also in
his tawwasul book on page 38 albani writes. "Imam Ahmad allowed
tawasssul by means of the messenger (saws) alone, and others such as
imaam ash-Shawkanee allowed tawassul by means of him and other prophets
and the pious." So many fahadies lie and say tawwasul is a new innovated
matter and was not done by anyone of knowledge of the past; however
this is a deceiving lie.
Shaykh ibn al-Uthaymeen:
“This
sect unites upon the truth even if they do have differences of opinions
between themselves. However, these differences do not harm them, nor
cause them to declare each other to be deviants. Rather their hearts are
still united, even if these differences occur in matter linked to the
aqeedah; such as did the Prophet SAW see his lord with his eyes, or did
he not see him? Or is the punishment in the grave to the body and soul,
or just to the soul alone? And other such issues. This is because these
issues are subsidiary issues connected to the fundamentals (usool), they
are not in the actual usool themselves. So they do not declare each
other as being misguided when they differ in such matters; contrary to
what the innovators do.” “Understanding the etiquette's of differing
pg.9” Now this attitude is not adopted by the super fahadies in fact
they deem one who does not do isbal a deviant and would refuse to give
them Salam.
It is also narrated that Al-Hassan said in At-Tabari, 10/357: “it was revealed concerning the jews,
and it is also applicable to us.” concerning 5:44. Also in at- Tabari
10/321, Ilqimah and Masrooq asked ibn Mas’ood about bribes, and he said;
it is one of the illegal things. They said what about when one bribes a
judge (to give a wrong ruling)? He said, that is kufr, then he recited
this aayah: “And whosoever does not judge by what Allah (swt) has
revealed, such are the Kaafiroon.”
Malik said in the
al-muwatta:
"In our opinion, if people refuse to obey one of the
obligatory duties enjoined by Allah, and the Muslims cannot take it from
them, then it is their duty to wage jihad against them. Ibn Battaal
said: this applies even if they accept that is obligatory, and there is
no scholarly dispute concerning that.” Fath al-Baari 12/275-276. This
refutes there claim that even if the tawagheet rulers are doing wrong we
should be patient. Even though they are refusing to rule by Allah by
force and also making waliyah with the kuffars knowingly. It is the
rights of the muslims to be judged exclusively by the book of Allah and
the sunnah. Their argument on revolting and removing the leader by force
will achieve nothing is batil. Imam Nawi in sharh of Sahih Muslim vol
12 pg229 said “If a leader becomes a kaafir, you must topple him.” INSHA'ALLAH TO FURTHER READ SIMILAR ARTICLES, CLICK:
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