Muslim Rulers Ruling By Man Made Laws – Shaykh Abdullah Al-Ghunaymaan

Shaykh Abdullah Al-Ghunaymaan spoke about these two rulings saying, “we must make this distinction between the ruler who judges according to shariah, but may rule in a manner contrary to the shariah on some issues, because of his own whims and desires or because of a bribe and the one who fails to rule by that which Allah has revealed and bases the entire legal system on man-made laws a kaafir.

The one who rejects the law of Allah and casts it aside, and replaces it with man-made laws and the opinions of individuals has committed an act of kufr which puts him beyond the pale of Islam.

Whereas the one who adheres to the religion of Islam, but is a sinner and wrongdoer by virtue of his following his whims and desires in some cases, or pursuing some worldly interest, but admits that he is a wrongdoer by doing so, is not guilty of kufr which would put him beyond the pale of Islam.

(Also) whoever thinks that ruling by man-made laws is equal to ruling by shariah, and thinks that it is OK to do that, is also guilty of kufr that puts him beyond the pale of Islam, even if it is only in one instance”.

In another statement on this issue the shaykh has mentioned that, “…It is obligatory to differentiate between them (the ruler who replaces ALL of the shariah with man made laws and the ruler who replaces SOME of Allahs laws wth man made laws due to a wordly benefit knowing he is a wrong doer).

There is a difference between the one who throws away the laws of Allaah, jala-wa’ala and replaces its judgements with the laws and the judgements of mankind (i.e. he replaces all of Allahs laws). This is kufr (disbelive), which takes one outside the religion of Islaam.

But the one who is religiously committed upon the religion of Islaam except that he is disobedient and a wrong doer by following his desires in some of the rulings (of shariah)and goes after a benefit from the wordly life (so replaces these laws with man made laws), while accepting that he is a wrong doer with this, then this is not kufr, which takes you out of the religion.

And whoever sees the Hukm with the laws to be equal to the Hukm of the Shara’ and makes it Halaal, then he also disbelieves with the Kufr that takes one outside the Milla, even if it is in one instance.” Ref: Mujaalit Al-Mishkaat, Vol. 4/ 247

Plus the Shaykh has said “This comment [of Ibn ‘Abbas – Kufr duna Kufr – minor kufr in regards to ruling by other than Allahs law] was used on specific cases, one or some individuals cases*, were a person rules with something different than Allah has revealed, while he acknowledges the true faith, and that he has made a mistake, and he knows that he deserves punishment. It is about such a person that [Ibn ‘Abbas] said that it is Kufr duna Kufr (minor kufr).

But, when one replaces the Islamic shari’ah with man-made Laws, or, he prefers this laws over the Shari’ah, and that people say about this, this is Kufr duna Kufr; this is impossible!

Because this in reality is the [kind of] disbelief on which Allah the Most High says that {“Such are the Kafirun.”}

And we mentioned the Ayah before, the one that is mentioned in Surat an-Nisa’e, when He [Allah] spoke about those: {“Who claim that they believe in that which has been sent down upon Muhammad peace be upon him, and that which was sent down before him.”} [4:60]

Then Allah explained that they: {“They wish to go for judgement [in their disputes] to the Taghut [false judges].”} [4:60]

We can understand from this that it [seeking judgment with taghut] will no longer have Imaan [faith].

Next, [Allah] mentions some of their characteristics until He [Allah] said: {“But no, by your Lord, they can have no Faith, until they make you [O Muhammad] judge in all disputes between them, and find in themselves no resistance against your decisions, and accept [them] with full submission.”} [4:65]

So there are some conditions mentioned in the Ayah with regard to, judging, there is al-Inqiyaad [showing obedience], ar-Ridhaa [satisfaction], and Tasleem [surrender] to that [Islamic ruling].

And if any of this [conditions] lag, a person can not be a Mu’min [believer].

So what about the one who judges/rules with the Man-Made Laws, and then they same about such a person Kufr duna Kufr.

It is impossible that Ibn ‘Abbas would have said this, nor any scholar who understood what Allah has revealed to His messenger.

Rather, this [saying of ibn ‘Abbas] can be used for the specific cases. When a person rules with something other then Allah had revealed in one or two cases or something similar to that*, and he did this out of greed for wordily gain, or in his wish to achieve a high position, or he fears that he will be fired from his position, and he says: “This is my job I need it to eat.” and similar sayings. About such a person, can be said: “It is Kufr duna Kufr.””

Footnote

* Shaykh Abdul Salam Burjis said on thi point, “…And there is another doubt: The separation between ruling by other than what Allah has revealed in a single matter or two or three matters and between, ruling by other than what Allah has revealed in a hundred matters, two hundred matters or more than that or less than that.

So what is the correctness of this separation. This separation has no sound basis upon knowledge.

Also the general meaning of the verse (“And whosoever does not judge by what Allah has revealed, such are the Kafirun” (5:44)), rejects this separation, since it did not specify a single ruling, two, or a hundred or two hundred.

But it has been left general and unrestricted and thus it is obligatory to leave it as general or unrestricted.

And whoever made such a specification or made separation in such a manner, then it is obligatory upon him to establish a clear proof, unequivocal and sound to show such as specification for this verse.

And the one who made a specification or separation merely on account of his own opinion and what he deems to be correct then no consideration is to be given to it at all…” Ref: A lecture by Shaykh Abdul Salam Burjis  – on the understanding of the verses in
Surah Ma’idah related to ruling by other than what Allah has revealed.

(My Words) Even though the words of Shaykh Abdul Salam Burjis on tihs point are clear on this point of minor kufr in ruling by what other than Allahs law being restricted to one or two cases or one or two judicial affairs, is incorrect sadly some Muslims are either unaware of these great words or choose to ignore them.

Because a number of Muslims have taken this comment and based upon it have held (plus do hold) that if a Muslim ruler only in one or two cases or one or two judicial affairs rules by other than Allahs law for the reasons Shaykh Abdullah al-Ghunaymaan outlined this is minor kufr.

But they held if he does it in more than one or two cases or judicial affairs he has fallen into major kufr by which he could be ruled to be a kafir.

It is correct that Shaykh Abdullah al-Ghunaymaan is not the only salafi scholar to hold this view. The mufti of Saudi Arabia before Shaykh Bin Baz, Shaykh Mohammed Ibraheem and one of his well known students Shaykh Abdul Azeez Ar-Rajihi are of this view.

However this issue of restriction to one or two cases or one or two judicial affairs has no evidence from the Quran, authentic sunnah nor ijmah (consensus of the sahaba or scholars) as Shaykh Abdul Salam Burjis stated above “this separation (of only in one or two cases or one or two judical matters) has no sound basis upon knowledge”

Plus their is not any reference to this number restriction in the statements of the sahaba or salaf on this issue.

So before a person takes this view and uses this restriction he must present his proof for this restriction, hence Shaykh Abdul Salam Burjis stated above “whoever made such a specification or made separation in such a manner (i.e. minor kufr in ruling by other than Allahs law can only occur in one or two cases), then it is obligatory upon him to establish a clear proof”.

Aditionally one should know that a scholars statement even a sahabas statement by itself can not restrict anything from the deen to a specific number or amount, especially in a issue that if the person goes beyond that specified number he would become a kafir.

In addition scholars from the past and contemporary times like Shaykh al Islam Ibn Taymiyyah, Ibn Jawzee, Ibn al Qayyium, Ibn Abdil Izz, Shaykh Muqbil, Shaykh Bin Baz, Shaykh Albaani, Shaykh al Fawzaan and Shaykh Uthaymeen and other scholars from the past and contemporary times have not mentioned this restriction to one or two cases or one or two judicial affairs. IN FACT THEY HAVE NOT RESTRICTED THIS ISSUE AT ALL due to their being no evidence for restriction in this issue.

Thus they have held that if a Muslim ruler does rule by other than Allahs law for the reasons Shaykh Abdullah al-Ghunaymaan states in one or two affairs or in numerous cases or judicial affairs he is ruled with minor kufr and major sin and is not expelled from Islam and ruled to have fallen into major kufr.

But as explained in the main article by Shaykh Abdullah al-Ghunaymaan the Muslim ruler who in ALL cases or in ALL judicial affairs rules by other than Allahs law is a kafir with major kufr and Shaykh Mohammed Ibn Ibraheem, Shaykh Bin Baz, Shaykh al Fawzaan, Shaykh Ar-Rajihi and Shaykh Uthaymeen have all stated the same as Shaykh Abdullah al-Ghunaymaan in this issue.

As a side point to this matter it should be noted that Shaykh Abdullah al-Ghunaymaan, Shaykh Mohammed Ibn Ibraheem and Shaykh Rajihi held this view of mnor kufr only being able to happen in one or two cases or one or two judical ruling based UPON THEIR OWN IJTIHAD (AND NOT THE QURAN, AUTHENTIC SUNNAH OR IJMAH) they did not it seems for whatever reason act upon this view, because they are not known for making takfeer of the Muslim rulers who rule by other than Allahs law in more than one or two cases or in more than one or two judicial affairs (like most rulers do) (i.e. they didn’t consider these Muslim rulers to be kuffar).

Posted by Abdul Kareem Ibn Ozzie

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About Abdul Kareem Ibn Ozzie

I am a revert trying to spread the sunnah inshallah.
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