Q. The one who does not judge by what Allah has revealed is he a Muslim or a Kaafir [guilty of] the major kufr and are his actions accepted?
A. All Praise is due to Allah and prayers and peace upon the His Messenger, his family and his companions. To proceed:
“Allah the Most High said: “And whosoever does not judge by what Allah has revealed, such are the Kafiran” (5:44),
and He the Most High said, “And whosoever does not judge by that which Allah has revealed, such are the Dhaliman” (5:45)
and He the Most High said, “And whosoever does not judge by what Allah has revealed (then) such (people) are the Fasiqan” (5:47)
However if he declares that to be lawful and believes (in his heart) it to be permissible, then this is the major kufr, the major fisq and the major dhulm which expels him from the religion.
However, if he did this due to a bribe or some other motive while believing in the forbiddance (of this act), then he is considered a disbeliever (figuratively not literally) with the minor kufr (still a Muslim but committing the major sin of minor kufr), a dhalim (oppressor) with the minor dhulm and a fasiq (sinner) with the minor fisq which does not expel him from the religion as the people of knowledge have explained in the exegesis (tafsir) of the aforementioned verses.”
(The Permanent Committee for Research and Verdicts: Shaykh Abdullah bin Ghudayan, Shaykh Abdur-Razzaq Afifi and Shaykh Abdul Aziz bin Baz)
Ref: Fataawa by the Permanent Committee for Research and Verdicts compiled by Shaykh Ahmad bin Abdur-Razzaq ad-Duwaish, Volume 1 (Aqeedah). Question No. 11 of Fatwa No.5741.
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