Difference between Ruling and Legislating...

Monday, March 4, 2024

Difference between Ruling and Legislating...

Question: What is the ruling on and the difference between ruling by other than what Allah revealed and legislating laws other than what Allah has legislated, and is this what is occurring in some of the lands of Islam?

Answer: The difference between them is that legislating is more specific that ruling by other than what Allah revealed, and ruling by other than what Allah revealed is more general. This is due to the one who rules (or judges) by other than what Allah revealed could be ruling according to the legislated man-made laws, or he may be ruling by his whims and desires. As for legislating, it is kuffr akbar (major kuffr), and no more elaboration is needed. It is an action of kuffr akbar and there is no need to look into the belief of the one who does it. Allah said,
“Or have they partners with Allah, who have legislated for them a way which Allah has not allowed.” [42:21]

And He said,

“And if you obey them, then you would indeed be mushrikun.” [6:121]

As for ruling by other than what Allah revealed, then in this there are details. If he judges by his whims or desires in a single judgement, then this is kuffr duna kuffr as indicated in the hadith, “The judges are three: two judges that are in the Fire…” in which it speaks about the ignorant judge and the judge who rules by his desires, and this is the relevant part of the hadith. If he judges by man-made laws and legislation, rules, regulations, customs, traditions and similar things which oppose the Shari‘ah, then this is kuffr akbar. Allah said,

“And whoever does not judge by what Allah has revealed, such are the kaafirun.” [5:44]

And Allah said,

“Have you 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 (in their disputes) to the taghut while they have been ordered to disbelieve in it.” [4:60]

And He said,

“They took their rabbis and their monks to be their lords besides Allah.” [9:31]

And the Prophet (saws) explained this as meaning they obey them in what they make halaal and haraam. And Allah said,

“And if you obey them, then you would indeed be mushrikun.” [6:121]

[Author: Shaykh 'Ali al-Khudayr

Source: Ijabah ash-Shaykh ‘Ali al-Khudayr ‘ala 200 Sual]

INSHA'ALLAH TO FURTHER VIEW SIMILAR POSTS, CLICK: