A Simple Break Down Of The Categories A Muslim Ruler Who Rules By Other Than Allahs Law Could Fall Into – Imam Ibn Qayyim Al-Jawziyyah (With Footnotes By Shaykh Al-Islam Ibn Taymiyyah

Imam Ibn Qayyim Al-Jawziyyah said, “…What is correct (concerning the Islamic ruling on the ruler/person who rules by other than Allahs law) is: that ruling by other than what Allah has revealed goes between the two types of kufr (disbelief), minor or major(1) depending on the condition of the ruler (or judge).

1. If he believes in the obligation of ruling by what Allah has revealed in this situation yet averts from ruling by it, along with his admittal that he deserves punishment for this, and then this is minor kufr(2).

2. Yet if he believes that ruling by other than what Allah has revealed is not an obligation or that he has a choice in ruling by it, while accepting that it is the rule of Allah, then this is major kufr.

3. If he [the ruler] is ignorant or errors [in his ijtihad]: then he is mistaken and takes the ruling of those who fall into error [being free from sin and not a kaafir due to ignorance or an error in his ijtihad]…” Ref: Madaarij us-Saalikeen, vol.1, pp.336

Footnotes

1) Ibn Qayyim Al-Jawziyyah said, “As for kufr then it is of two types: major and minor.

Major kufr necessitates eternity in the hellfire.

Minor kufr necessitates a threat but not eternity in the hellfire, like in the hadeeth of the Prophet: “Two from my Ummah have kufr within them, the one who abuses the lineages and the one who wails over the dead.”

Similarly when the Prophet said, “Whoever approaches a woman in her anus has disbelieved in what has been revealed to Muhammad.”

In another hadeeth when the Prophet said: “Whoever goes to a soothsayer or magician and believes in what he says has disbelieved in what Allah revealed to Muhammad.”

Plus in another hadeeth when the Prophet said: “Don’t return after me as kuffaar striking the necks of each other.”

This is the interpretation of Ibn Abbas and the generality of the Companions(*) in regards to the Allah’s saying, “Whoever does not rule by what Allah has revealed, then they are the disbelievers.” (al-Maidah: 44) Ibn Abbas said: “It is not the kufr which expels from the religion, rather if one does it (rules by other than Allahs law) he has (minor) kufr within him but it is not like the kufr of the one who disbelieves in Allah and the Last Day (which is major kufr),” as Taawoos said, Ataa said, “It is kufr less than kufr, dhulm (oppression) less than dhulm and fisq (sin) less than fisq.”. Ref: Madaarij us-Saalikeen, vol.1

Footnote

* Shaykh Al-Islam Ibn Taymiyyah said, “Ibn Abbas and others from the Salaf stated in regards to Allah’s saying:

“Whoever does not rule by what Allah has revealed, then they are the disbelievers.” {al-Maidah: 44}

“Whoever does not rule by what Allah has revealed then they are the transgressors.” {al-Maidah: 45}

“Whoever does not rule by what Allah has revealed then they are the sinful.” {al-Maidah: 47}

It is “kufr less than kufr [which is minor kufr that does not expel a ruler from Islam], fisq less than fisq and dhulm less than dhulm. Imam Ahmad, al-Bukhari and others mentioned this.” Ref: Majmoo’ al-Fataawa, vol.7, p.522

2) Shaykh ul-Islam Ibn Taymiyyah also said, “[The ruler who rules by other than Allahs law] he could be Muslim yet within him is kufr less than kufr which does not expel him from Islam absolutely, as the Companions said, such as Ibn Abbas and others: “kufr less than kufr” this is the saying of the generality of the Salaf and this is what Ahmad and others documented. This is also what al-Bukhari bore testimony to in his Saheeh*.” Ref: Majmoo’ al-Fataawa, vol.7, p.350-351

Footnote

Shaykh ul-Islam Ibn Taymiyyah intended by this Imam al-Bukharis titling a chapter in his Saheehs, ‘Chapter: Kufr Towards Spouses and Kufr Less than Kufr.’

Al-Qaadee Ibn al-Arabee al-Maalikee stated in Fath ul-Baaree, vol.1, p.83: “The intent of the classifier (i.e. al-Bukhari) is to explain that acts of obedience are named ‘emaan’ and likewise acts of disobedience are named ‘kufr’. However, when kufr is applied in this instance the intent is not the kufr which expels from the religion.”

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.
This entry was posted in REFUTATIONS OF THE KHAWARIJ CREED and tagged , , , , , , , , . Bookmark the permalink.

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