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Sayings of the 'Ulama Regarding Seeking Judgement from Taghout

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  • Sayings of the 'Ulama Regarding Seeking Judgement from Taghout

    Statements from the 'ulama regarding this matter

    The fact that iman is not stable and sahih without appointing RasulAllah (saw) as hakem of the shariah mediates to two facts:

    1- To be trialed with the shariah of Allah (swt) is to worship Allah (swt). The reason for this is because to be trailed by the shariah of Allah (swt) is one of the principles of iman. And a principle of iman is without doubt ibadah (worship)

    2- Not to be trialed by the shariah of Allah (swt) lifts iman. Iman can only be lifted by shirk which is ibadah to any other than Allah (swt). This shows that the one trialed by another worship that which he is trialed by.

    In private and general parts of life the one who is trialed only by Allah (swt) will have completely worshiped Allah (swt). In private and general parts of life an individual who is trialed for the littlest matter to any other than Allah (swt) will have worshiped and become a servant of that other.

    Razi stated: “Some individuals had sought judgment from the taghout and did not want to be trialed by Muhammad (saw). Qadi stated: ‘Just as it is kufr to be judged by the taghout it is kufr not to consent to the hukm of Muhammad (saw). These indicate the following:

    a) Allah (swt) stated: “Their (real) wish is to resort together for judgment (in their disputes) to the Evil One, though they were ordered to reject him” and accepted being trialed by the taghout to be iman to the taghout. Whereas there is no doubt that when the rejection of taghout means iman to Allah (swt) the iman to the taghout will mean the rejection of Allah (swt).

    b) Allah (swt) had stated: “But no, by the Lord, they can have no (real) Faith, until they make thee judge in all disputes between them, and find in their souls no resistance against Thy decisions, but accept them with the fullest conviction.” (Surah An Nisa 4; 65) This is clear proof that those who do not consent to the hukm of RasulAllah will be accounted kafir.

    c) Allah (swt) stated: “Deem not the summons of the Messenger among yourselves like the summons of one of you to another: Allah doth know those of you who slip away under shelter of some excuse: then let those beware who withstand the Messenger's order, lest some trial befall them, or a grievous penalty be inflicted on them.” (Surah An Noor 24; 63) This ayah shows it is a great sin to oppose the hukm of RasulAllah.

    In all of these ayah there is evidence which show the hukm given regarding an individual who rejects any command of Allah or His Messenger regardless of the reason whether it is for a doubt, or out of stubbornness he will depart from Islam and it shows the hukm the sahaba gave as murtad over the ones who did not pay zakah, believed they must be killed and their children must be taken prisoners was correct.” (Tafsir Kabir Nisa 60)

    Qadi stated: ‘Just as it is kufr to be judged by the taghout it is kufr not to consent to the hukm of Muhammad (saw). This indicates the following: Allah (swt) had stated “Even though they had been commanded to reject it they still want to be trialed by the taghout” and had accounted being trialed by the taghout as iman to the taghout. Just as the rejection of taghout means iman to Allah, there is no doubt the rejection of Allah means iman to taghout. (Badaiu’s Sanai fi Tartibi Sharai (Imam Kasani), v 7, p 3)

    Samarqandi stated: “O ye who believe, when you disagree in matters of halal, haram and hukm of shariah leave it to Allah and RasulAllah. Apply to the kalam of Allah. If you can not find your settlement there apply to the hadith of RasulAllah. Whose ever word is more suitable to the word of Allah and the hadith of RasulAllah that one is the correct one. The rest are bateel. A fake gold will not be known to be false unless it is hit against a rock. The rock of the shariah is the word of Allah and the Hadith of RasulAllah. When everything has been applied to them then the truth will appear. Those opposing them are bateel and have nothing to do with the truth. If the Muslim disagrees upon a matter their sources must be these two, because they are the rocks. There are very experiences buyers/sellers who will know at one glance if gold is real or not. The scholars of Islam are like these individuals. They will know what is appropriate to the word of Allah and the hadith of the Prophet and they will sort through them. They will separate haq from bateel, and will not blend them.” (Tafsir Surah An Nisa 4; 60)

    Imam Abu Muhammed ibn Hazm (ra) said in explaining Surah An Nisa, 65: “But no, by your Lord, they can have no faith, until they make you (O Muhammed) judge on all disputes between them, and find in themselves no resistance against your decisions, and accept (them) with full submission.” that this is more than enough for the people of understanding, who believe in Allah(swt) and the Last Day, and who are sure and certain that this is an oath that Allah (awj) has made between Himself and His servants. Here one must check oneself, that he has not favoured the sayings of a scholar, Qiyas (Analogical deduction) or Istihsan (Preference of one proof over another proof because it appears more suitable to the situation, even though the preferred proof is technically weaker). If anyone was to find himself preferring anyone’s judgment rather than that of the Messenger (saw), let him know that Allah (swt) in His Might and Glory has vowed and sworn by Himself, and His Speech is always the Haqq, that whoever seeks the judgment other than that of the Messenger (saw) 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 Hazm stated commenting on the same ayah (An Nisa 4; 65) that Allah (swt) has sworn by Himself that one cannot be a believer until he seeks the judgment of the Prophet (saw) in everything that He (saw) came with, and then submits to it totally and bears no grudge against His (saw) judgment. The Imam clarifies that seeking judgment, and accepting and submitting the heart to the judgment, are two separate issues, and both are required to fulfill ones iman. (Al Fissal fi alMilal wa Ahwah wanNihal, 3/235)

    Ibn Hazm also said that Allah (swt) called the seeking of the Prophet’s judgement- ‘iman’, and the one who does not seek the Prophet’s judgment with total submission cannot acquire ‘iman’. Therefore it is certain that iman is action, belief and verbal testification, that is to say that going for judgment (tahakum), is an action, and this action cannot be without words, and the fact of not bearing any grudge in one’s heart is belief. (Ad-Durrer Assuniah, p 338)

    Ibn Hazm (ra) again commenting on the verse stated: “And whoever contradicts and opposes the Messenger (saw) after the right path has been shown clearly to him, and follows other than the believers way, We shall keep him in the path that he has chosen, and burn him in Hell- what an evil destination!” (Surah An Nisa 4; 115) he continues and says that this verse states that the declaration of kufr is upon anyone who commits such a sin. But if anyone comes and says that everyone who does not follow the path of the believers is not of them, we will answer him by saying that not every person who does not follow every way of the believers is a Kafir, because adultery, drinking alcohol and cheating people is not actually the way of the believers but such sins do not take one outside the fold of Islam, but the clear evidence that this sin takes one outside the fold of Islam is: “But no, by your Lord, they can have no faith, until they make you (O Muhammed) judge in all disputes between them, and find in themselves no resistance against your decisions, and accept (them) with full submission.” (Surah An Nisa 4; 65) (Al Fissal fi alMilal wa Ahwah wanNihal, 2/293)

    Tafsir al-Jalalayn Surah An Nisa 4; 65 commented following: “But no, by your Lord! They will not believe until they make you judge over what has broken out, has become mixed up, between them and find in themselves no inhibition, [no] constraint or doubt, regarding what you decide, but submit, [but] comply with your ruling, in full submission, without objection.”

  • #2
    Re: Sayings of the 'Ulama Regarding Seeking Judgement from Taghout

    Ibn Taymiyyah (ra) stated that “one of the types of Muwalaat (allegiances, friendships) which Allah (swt) condemns ahlul kitab and the munafiq (Hypocrites) for, is believing in some of the kufr they are upon, or seeking judgments from other than the Book of Allah as He (swt) states:

    “Have you seen those who were given a portion of the scripture? They believe in Jibt and Taghout and say to the disbelievers that they are better guided as regards the way than the believers.” (Surah An Nisa 4; 51)”

    Then Ibn Taymiyyah mentioned two types of people; the first type is the ahl kitab and the second type is the munafiq (those who concealed disbelief and showed Islam). He also talked about two issues that are types of muwalaat (taking as protectors, friends or helpers), which is the belief in some of the kufr of the disbelievers, or to go to other than the book of Allah for judgment.

    Ibn Taymiyyah (ra) when commenting on the Ayah: “Have you seen those (hypocrites) 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 taghout (false judges) while they have been ordered to reject them. But Shaytan wishes to lead them far astray.” (Surah An Nisa 4; 60) he also said that Allah (swt) has condemned those who claim to believe in all the books, yet they abandoned seeking the judgement from the Qur’an and the Sunnah, and instead they submitted to the judgements of the tawagheet who are praised apart from Allah (swt) – as it is happening to so many who claim to be Muslims. They seek the judgement of Sabian philosophers or the judgement of some of the Turkish kings amongst others, who have forsaken the Law of Shariah.” (Ibn Taymiyyah, Majmoo al Fatawa 12/33)

    He also says commenting on the following verse: “The only saying of the believers when they are called to Allah (the Quran) and His Messenger to judge between them is that they say: “We listen and we obey”. And such are the successful.” (Surah An Noor 24; 51) He states: that here Allah (swt) clarifies that whoever turns away from obeying the Messenger (saw) and turns away from His judgement is of the munafiqeen and not a believer, and that the believer is the one who says “We listen and we obey”. So if one becomes a munafiq by turning away from the judgement of the Prophet (saw) and going to other than Him for that, which maybe prompted by one’s strong desires, so what about the one who belittles Islam or insults Allah (swt). (As-Saarim al Muslool, p 38)

    Here Ibn Taymiyyah (ra) identifies this hypocrisy as the major hypocrisy that expels one out of Islam. The evidence for this is his statement “What about the one who belittles Islam or insults Allah (awj).” If Ibn Taymiyyah had not regarded turning away from the Messenger’s (saw) judgement as a great form of kufr and nifaq, he would not have compared it to insulting Allah (swt). In fact he clearly points out that insulting Allah (awj) is a greater form of kufr than the kufr of going to taghout for judgement. Ibn Taymiyyah emphasized that a person becomes a kafir by turning away from the Prophet’s judgement due to his desires.

    Regarding the following ayah: “And had they believed in Allah and in the Prophet and in what was revealed to Him, never would they have taken them (the disbelievers) as Awliyah (protectors and helpers): but many of them are the Fasiqoon (rebellious, disobedient to the Commands of Allah).” (Surah Al Maeda 5; 81) and: “But no, by your Lord, they can have no faith, until they make you (O Muhammed) judge on all disputes between them, and find in themselves no resistance against your decisions, and accept (them) with full submission.” (Surah An Nisa 4; 65), that not taking the kuffar as awliya and submitting to the judgment of the Messenger (saw) are a prerequisite condition for iman, and without it, iman can never be fulfilled. (Majmooal Fatawa 7/150)

    To strengthen his argument, Ibn Taymiyyah also mentioned the example of the Ansari man who had a dispute with Zubayr over the ownership of water for irrigation of his land. When the Messenger (saw) delivered the verdict that Zubayr (ra) should benefit from the water first, the Ansari did not accept this judgment by commenting that the Messenger (saw) had favoured Zubayr (ra) as he (Zubayr) was the cousin of the Messenger (saw). And the second example is that of a man who sought the judgment of the Messenger (saw) and after rejecting His (saw)’s judgment, went to Abu Bakr (ra) for judgment, and then went on further to Umar (ra), who killed him for refusing to submit to the initial judgment of the Prophet (saw). Ibn Taymiyyah says: ‘these kinds of acts result in one being a kafir and a munafiq with no immunity and protection of his blood.’ (As Saarim al Muslool, p 233)

    It is very clear that Ibn Taymiyyah regards as a kafir the one who turns away from the judgment of the Prophet (saw). If this is the case for someone who turns way from the judgement of the Messenger (saw), then what is the state of the individual who does not go to the judgment of the Prophet (saw), and applies to the taghout for judgment?

    Ibn Qayyim states: "(A taghout is) every one who exceeded his limits (whether he is) worshipped, followed or obeyed. So, the taghout of any people is the one who they make as a judge besides Allah and His Prophet, or worship him except Allah, or follow him without taking any consideration of Allah, or obey him in a matter where they do not know it is obedience for Allah. Whosoever does not judge or turn to what the Messengers of Allah brought for judgement is eventually following a (false) deity." (A'laam Al-Muwaaqi'in, v 1, p 50)

    Ibn Qayyim (ra) stated that whoever takes his opponent to other than Allah (swt) and His Prophet (saw) has definitely sought the judgment of the taghout, while he has been ordered to reject it - and that the person can never reject taghout until he makes all judgment for Allah (swt) Alone. (Tareeq ul Hijratain, p 73)

    Ibn Qayyim also says that Surah An Nisa 4; 59 is ample evidence that clearly explains this issue and puts an end to those who dispute over it, and it is also strong evidence in the hands of those who comply with the Commands of Allah (awj). (ar-Risala at Tabukiya l ibn Qayyim al Jawziya, p 133]

    Ibn Qayyim also said that when Allah (awj) mentions those who go to other than Himself and His Messenger for judgment “And when it is said to them: “Come to what Allah has sent down, and to the Messenger”, you see the Munafiqeen (hypocrites) turn away from you with aversion.” (Surah An Nisa 4; 61)

    He (awj) emphasized that the act of turning away from Allah (awj) and His Prophet (saw) and seeking others for judgment is the essence of nifaq (hypocrisy). Similarly, seeking and submitting to the judgment of Allah (swt) without a grudge is the essence of Iman (Belief). (Mukhtasar as Sawaiq al Mursalah, v 2, p 515)

    Ibn Qayyim states: “In the ayah Nisa 65 Allah (swt), had certified by an oath He took by His mukaddas nafs that in usul, in furu, in hukm of shariah in all attributes and disagreements which can be come across in other matters unless RasulAllah (saw) is appointed as a hakem no one will have had iman. Iman will only be a reality if RasulAllah (saw) is appointed hakem in all matters.

    Also they can have no faith, until they make RasulAllah (saw) judge on all disputes between them, and find in themselves no resistance against his decisions, and accept (them) with full submission.” (At tibyan fi ahkami il Qur’an)

    Ibn Qayyim relates in his ‘Nuni’yah’ (poem):

    “Allah the Supreme has sworn by Himself
    A vow declaring the essence of iman
    That verily he is not a believer who seeks the judgment
    From other than the Messenger, who is the true Judge
    In fact he is not a believer rather, the one who returns all judgments to the two revelations is the believer
    And in fact he is not a believer who seeks the judgment
    Holds a grudge and does not open his chest to it
    He is not a believer until he submits to the judgment of the two (revelations; Quran and Sunnah)”

    Ibn Katheer: "Allah (awj) makes inkaar (i.e. vehemently objects to) those who turn away from Allah's Shariah; the laws that are good for the Muslims; the laws that forbid what is evil. Allah rejects those who follow laws of personal desires and who adopt laws of Kufr such as the laws enforced by the Tartars who were under the control of Genghis Khan, their King. These laws were a mixture of Judaism, Christianity and laws chosen by their King which suited his desires. Should we prefer these laws over the Shariah of Allah and His Prophet (saw)?! Whoever does this is a Kafir and killing him is Wajeeb!" (Tafsir Ibn Katheer, Surah Al Maeda, 5; 50)
    "So whoever leaves the clear Shariah, which was revealed to Muhammad Ibn Abdullah, the Seal of the Prophets, and takes the Hukm to other than it from the laws of Kufr which are abrogated, he has disbelieved. So what about the one who takes the Hukm to the 'Yasiq' (the law of the Tartars which mixed Shariah rulings with invented rulings) and puts it before it?! Whoever does that, he has disbelieved by the Ijmaa' of the Muslims." (Al Bidayah wa Nihaayah, v 13, p 118-119)

    Ibn Katheer (ra) reported that Imam Al Ju’aini mentioned a section of Al Yesak (taghout law at the time of the Tartars), some of which judged that the adulterer should be killed regardless of him being married or not, homosexuals should be killed, anyone who lies deliberately should be killed, performers of witchcraft should be killed, the one who spies should be killed, if you urinate in still water or immerse in it- you should be killed, if you give a captive food, drink or clothes, without the permission of the masters, you should be killed, if you intervene between two disputants and aid one against the other, you should be killed, if you feed a captive or throw food to him - you should be killed, rather you should hand it to him. And if you feed someone, then you should eat the food first regardless of the fact that your guest is a nobleman or a pauper. And if you eat by yourself and do not feed the people with you, you should be killed, and if you slaughter an animal, the first thing you should do is open his chest and pull its heart out with your bear hands; and all these laws completely contradict all the legislations that Allah (awj) has revealed to His Prophets.

    Therefore whoever leaves the definite legislation that our Prophet (saw) was sent with, and goes to previous abrogated laws of other Prophets has then committed an act of Kufr. If the one who turns away from the Muhkam (definite) legislation that our Prophet (saw) was sent with, and goes to the previous abrogated legislation of previous Prophets is a Kaffir, then what about the one who goes to al Yesak for judgement? Surely the one who commits such an act is unanimously a disbeliever. (Al Bidayah wan Nihayah, 13/139)

    Basically, Ibn Katheer is talking about a general Shari’ matter which is that if anyone forsakes the Shariah of Muhammad (saw) and resorts to either the abrogated Shariah, or man made law, is a Kafir.

    Ibn Katheer simply mentioned Tartar as a vivid example to illustrate his point. This becomes even clearer when the Imam (ra) explains the ayah: “Do they then seek the judgment of the days of Jahiliyah (ignorance). And who is better in judgment than Allah for the people who have faith.” (Surah Al Maeda 5; 50)

    He explains here that Allah (awj) reproaches the people who abandoned the perfect and finally revealed shariah, which contains all goodness and wisdom, for the sake of man-made law that contains all kinds of evil opinions and desires, which men have fabricated. Very much like the people of jahaliyyah, who used to rule with all kinds of misleading laws, which they legislated depending on purely corrupted opinions and hawa. The Tartar have done the same thing by adopting a legislation from their king Ghengis Khan, who introduced Yesak which is a legislation derived from religions such as Judaism, Christianity, Islam and other sources. And there are many laws in Yesak that were concocted opinions of Ghengis Khan, yet people considered these laws as divine Laws which they favoured over the Book of Allah(swt). Therefore anyone who adopts any abrogated shariah, or man-made law has disbelieved and must be fought until he returns to Allah and His Prophet (saw), and he is not allowed to implement the law of the Taghout in any way what so ever.

    Also here he sets two examples, firstly he spoke about the people of jahiliyyah who invented laws from their own hawa, and this is a clear proof that the verdict we have mentioned previously is not specific to the Tartar, rather it is a verdict that applies to anyone who implements the laws of jahiliyah. Secondly, he gave the example of the Tartar as they committed the same act of disbelief, and in conclusion he stated that anyone who commits such an act becomes a kafir.

    Allah (awj) makes it clear in His Book that the way we live and our system of legislation and ruling is a deen. Allah (awj) says: “…Thus did We plan for Yusuf. He could not take his brother by the Deen of the king, except that Allah willed it…” (Surah Yusuf 12; 76) In his Tafsir, Ibn Katheer interprets this ayah that the Deen of the king is the law that he ruled Egypt with. Imam Qasimi said in his tafsir that the above ayah could be used as evidence to call the laws of kuffar a deen.

    Allah (awj) says: “That is because they loved and preferred the life of this world over that of the Hereafter. And Allah guides not the Kafirin.” (Surah An Nahl 16; 107)

    Comment


    • #3
      Re: Sayings of the 'Ulama Regarding Seeking Judgement from Taghout

      Muhammad bin Abdul Wahhab, referring to the ayah above in Surah An-Nahl, explained that the reason of their kufr is not due to their belief, nor ignorance, nor hating the deen or loving the kufr, but rather for their pursuit of worldly benefit. Therefore seeking the judgment of any shariah other than Allah’s shariah is kufr that expels one out of Islam.

      Ibn Katheer (ra), when explaining: “O you who believe! Obey Allah and obey the Messenger and those of you (Muslims) who are in authority. If you differ in anything amongst yourselves, refer it to Allah and His Messenger, if you believe in Allah and the Last Day. That is better and more suitable for final determination.” (Surah An Nisa 4; 59), says that this means that anyone who does not go to Allah (awj) and His Prophet in times of dispute is not a believer in Allah and the Day of Judgment.

      Ibn Katheer says following on the tafsir of Nisa 60 The Necessity of Referring to the Qur'an and Sunnah for Judgment

      Allah said, ((And) if you differ in anything amongst yourselves, refer it to Allah and His Messenger). Mujahid and several others among the Salaf said that the Ayah means, "(Refer) to the Book of Allah and the Sunnah of His Messenger.'' This is a command from Allah that whatever areas the people dispute about, whether major or minor areas of the religion, they are required to refer to the Qur'an and Sunnah for judgment concerning these disputes. In another Ayah, Allah said,]

      (And in whatsoever you differ, the decision thereof is with Allah). Therefore, whatever the Book and Sunnah decide and testify to the truth of, and then it is the plain truth. What is beyond truth, save falsehood This is why Allah said, (if you believe in Allah and in the Last Day.) meaning, refer the disputes and conflicts that arise between you to the Book of Allah and the Sunnah of His Messenger for judgment. Allah's statement,

      (if you believe in Allah and in the Last Day. ) indicates that those who do not refer to the Book and Sunnah for judgment in their disputes, are not believers in Allah or the Last Day. Allah said,

      (That is better) meaning, referring to the Book of Allah and the Sunnah of His Messenger for judgment in various disputes is better,

      (and more suitable for final determination.) meaning, "Has a better end and destination,'' as As-Suddi and several others have stated while Mujahid said, "Carries a better reward.''

      (60. Have you not 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 judgment (in their disputes) to the Taghout while they have been ordered to reject them. But Shaytan wishes to lead them far astray. ) (61. And when it is said to them: "Come to what Allah has sent down and to the Messenger,'' you see the hypocrites turn away from you with aversion.) (62. How then, when a catastrophe befalls them because of what their hands have sent forth, they come to you swearing by Allah, "We meant no more than goodwill and conciliation!'') (63. They (hypocrites) are those of whom Allah knows what is in their hearts; so turn aside from them (do not punish them) but admonish them, and speak to them an effective word to reach their inner selves.)

      Referring to Other than the Qur'an and Sunnah for Judgment is the Characteristic of Non-Muslims

      Allah chastises those who claim to believe in what Allah has sent down to His Messenger and to the earlier Prophets, yet they refer to other than the Book of Allah and the Sunnah of His Messenger for judgment in various disputes. It was reported that the reason behind revealing this ayah was that a man from the Ansar and a Jew had a dispute, and the Jew said, "Let us refer to Muhammad to judge between us.'' However, the Muslim man said, "Let us refer to Ka`b bin Al-Ashraf (a Jew) to judge between us.'' It was also reported that the ayah was revealed about some hypocrites who pretended to be Muslims, yet they sought to refer to the judgment of jahiliyyah. Other reasons were also reported behind the revelation of the ayah. However, the ayah has a general meaning, as it chastises all those who refrain from referring to the Qur'an and Sunnah for judgment and prefer the judgment of whatever they chose of falsehood, which befits the description of taghout here. This is why Allah said,

      (and they wish to go for judgment to the taghout) until the end of the ayah. Allah's statement,

      (turn away from you with aversion) means, they turn away from you in arrogance, just as Allah described the polytheists,

      (When it is said to them: "Follow what Allah has sent down.'' They say: "Nay! We shall follow what we found our fathers following.'') This is different from the conduct of the faithful believers, whom Allah describes as,

      (The only saying of the faithful believers, when they are called to Allah and His Messenger, to judge between them, is that they say: "We hear and we obey.'')

      Ibni Kathir states following in the tafsir of Nisa 65: One Does not Become a Believer Unless He Refers to the Messenger for Judgment and Submits to his Decisions Allah said,

      (But no, by your Lord, they can have no faith, until they make you judge in all disputes between them,) Allah swears by His Glorious, Most Honourable Self, that no one shall attain faith until he refers to the Messenger for judgment in all matters. Thereafter, whatever the Messenger commands is the plain truth that must be submitted to inwardly and outwardly. Allah said, (and find in themselves no resistance against your decisions, and accept (them) with full submission.) meaning: they adhere to your judgment, and thus do not feel any hesitation over your decision, and they submit to it inwardly and outwardly. They submit to the Prophet's decision with total submission without any rejection, denial or dispute. Al-Bukhari recorded that `Urwah said, "Zubayr quarreled with a man about a stream which both of them used for irrigation. Allah's Messenger said to Zubayr,

      (O Zubayr! Irrigate (your garden) first, and then let the water flow to your neighbor.) The Ansari became angry and said, `O Allah's Messenger! Is it because he is your cousin' On that, the face of Allah's Messenger changed color (because of anger) and said, (Irrigate (your garden), O Zubayr, and then withhold the water until it reaches the walls (surrounding the palms). Then, release the water to your neighbor.) So, Allah's Messenger gave Zubayr his full right when the Ansari made him angry. Before that, Allah's Messenger had given a generous judgment, beneficial for Zubayr and the Ansari. Zubayr said, `I think the following verse was revealed concerning that case, (But no, by your Lord, they can have no faith, until they make you (O Muhammad) judge in all disputes between them.)'' Another Reason In his Tafsir, Al-Hafiz Abu Ishaq Ibrahim bin `AbdurRahman bin Ibrahim bin Duhaym recorded that Damrah narrated that two men took their dispute to the Prophet, and he gave a judgment to the benefit of whoever among them had the right. The person who lost the dispute said, "I do not agree.'' The other person asked him, "What do you want then'' He said, "Let us go to Abu Bakr As Siddiq.'' They went to Abu Bakr and the person who won the dispute said, "We went to the Prophet with our dispute and he issued a decision in my favour.'' Abu Bakr said, "Then the decision is that which the Messenger of Allah issued.'' The person who lost the dispute still rejected the decision and said, "Let us go to `Umar bin Al-Khattab.'' When they went to `Umar, the person who won the dispute said, "We took our dispute to the Prophet and he decided in my favour, but this man refused to submit to the decision.'' `Umar bin Al Khattab asked the second man and he concurred. `Umar went to his house and emerged from it holding aloft his sword. He struck the head of the man who rejected the Prophet's decision with the sword and killed him. Consequently, Allah revealed, (But no, by your Lord, they can have no faith).

      Imam and Mujaddid, Muhammad bin Abdul Wahhab said: "Know that those things which eject from the religion are then in number: …Whoever believes that a guidance other than that of the Prophet (saw) is more perfect or that the judgment other than his is better - such as the one who gives preference to the hukm of the tawaagheet - then such a one is a disbeliever…" (Mu’allifaat Muhammad bin Abdul-Wahhaab, al Qismul Awwal)

      Shaykh Muhammad Ibn Ibrahim Aal Ash-Shaykh: "….The fifth, and it is the greatest and the most encompassing and the clearest opposition of the shariah and stubbornness in the face of its laws and insulting to Allah and His Messenger and opposing the courts of the shariah on their roots and branches and their types and their appearances and judgements and implementations the references and their applications. So just like the courts of the shariah there are references, all of them returning back to the Book of Allah and the Sunnah of His Messenger like that, these courts have references, which are laws that are assembled from many legislations and laws like the laws of France and America and England and other laws and from the Metha'haab of some of the innovators who claim to be under the shariah.

      "And these courts are now fully operational in the settlements of Islam, people entering them one after another, their ruler judge upon them with what opposes the Sunnah and the Book with the rules of that law and they impose that on them and approve it for them. So what Kufr is there beyond this Kufr and what nullification of the Shahaadah of Muhammadar RasulAllah is there beyond this nullification?!" (Risalat Tahkim Al-Qawanin)

      Sheikh AbdurRahman bin Hassan al Sheikh, (The Mufti of Najd and the author of the book Fath ul Majeed), commenting on the Ayah: “There is no compulsion in deen, the right path has become distinct from the wrong path, whoever disbelieves in taghout and believes in Allah has then grasped the most trustworthy handhold that will never break…” (Surah Al Baqarah 2; 256) said that the one who seeks judgment from the taghout has not disbelieved in taghout- but believed in him. He also said referring to the story of the hypocrite who was killed by Umar (ra), that a person who commits such an act of kufur should be killed. (Fath ul Majeed tafsir Surah An-Nisa 4; 60)

      Sheikh Jamal ud Deen al Qasimee, Suleyman bin Abdullah al Sheikh and AbdulLatif bin AbdurRehman al Hassan al Sheikh- all pointed out that there is no doubt that whosoever seeks the judgment of other than Allah (awj) has disbelieved in Him and believed in taghout. (Addorrar Assonia 10; 426- Kitab – Hukm ul Murtad (Verdict on Apostates))

      Sheikh Hamd ibn Ateek said that: “One of the factors that turn a Muslim into an Apostate (Murtad) is seeking any judgment other than that of Allah (awj) and His Prophet (saw). That is precisely what happened when people used to judge by the laws and traditions of their fathers. They had actually introduced a set of Laws known as ‘Shara’a ar-Rifaka’, to which they gave priority over Allah’s Laws. Therefore anyone who submits to such Laws is a kafir. (Majmuat at Tawhid 1; 361)

      Sheikh Hamd ibn Nasser al Maa’mar said that Ayah 59 of Surah An Nisa is clear evidence that Muslims must go back to Allah (awj) and His Prophet (saw) in their disputes and that is a condition, which proves their belief in Allah (awj) and the Day of Judgment. That is why Allah (awj) says: “…if you believe in Allah and the Last Day.” (Surah An Nisa 4; 59) (Majmuat ar Risaail wal Fatwa Hamd ibn Nasser, p 173)

      Sheikh Suleiman Ibn Samhan talked about the ‘Shara’a ar-Rifaka’ and said that if you ask the worshippers of the taghout to come back to the judgment of Allah (awj) and His Prophet (saw), and avoid the law of the taghout, they will answer by saying: ‘that the only reason why we go to these laws for judgment is to avoid killing one another, because if one does not agree with the other party to submit to such laws (Shara’a ar-Rifaka), then one will kill the other’. Therefore, if you know that going to taghout for judgment is kufr, then you should also remember that Allah (awj) has said that kufr is worse than killing. Allah (awj) says: “…Say fighting therein is a great (transgression) but a greater (transgression) with Allah is to prevent mankind from following the Way of Allah, to disbelieve in Him, to prevent access to Al-Masjid al Haram and to drive out its inhabitants, and al-Fitnah (Polytheism and disbelief) is worse than killing…’ (Surah Al Baqara 2; 217) and “…And al-Fitnah (shirk and kufr) is worse than killing…” (Surah Al Baqara 2; 191)

      Sheikh Suleiman Ibn Samhan also said that if going to the taghout for judgment is kufr, and since disputes are related to wordly matters, then how could it be possible to commit kufr in pursuit of dunya matters! Iman can never be fulfilled until Allah (awj) and His Prophet (saw) are the most loved and until we love our Prophet (saw) more than we love our children, fathers and all mankind. So if all your wordly interests are to perish, it will be an act of kufr to seek a judgment other than that of Allah (awj) and His Prophet (saw). And if you had to choose between forsaking your worldly interests and going to the taghout for judgment, it would then be obligatory upon you to relinquish your dunya, and you would never be allowed to go to the taghout for judgment. (Adorrar Assunniah)

      He also mentioned the story of the hypocrite (the man who was dissatisfied with the judgment of the Prophet (saw) whom Umar (ra) killed and said that this is exactly what should be done to those who seek the taghout’s judgment; firstly because they are apostate and secondly, because of the mischief they would commit on earth. There will never be up righteousness in us until we take Allah (awj) as the only ilah (god, deity), Islam as our deen and Muhammad (saw) as our Prophet whom we should follow and go for judgment to. And whenever we deviate from this right path, there will be a great mischief and destruction on earth. When Allah (awj) says: “Have you seen those (hypocrites) 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 to for judgment to the Taghout, while they have been ordered to reject them. But Shaytan wishes to lead them far astray.” (Surah An Nisa 4; 60) He (swt) clearly showed that anyone who claims that he believes in Allah and His Prophet and then resorts to other than Allah’s Shariah is a liar, a hypocrite, and is straying far from the right path. (Adorrar Assunniah)

      Ibn Qayyim defined ‘taghout’ as anyone who exceeds the limits that Allah (swt) has set for him by ascribing to himself some of the acts of Allah(swt), and legislation is one of these acts. Therefore anyone who turns away from Allah (swt’s) Laws has indeed submitted to the taghout, whom Allah (swt) has ordered us to reject. The only Hukm (Judgment) every believer should seek is that of Allah (awj) and by surrendering to any other judgment, one would exceed the boundaries of Islam, and deviate from siraat ul mustaqeem. Similarly, anyone who worships other than Allah (awj) is a worshipper of taghout, because the taghout is the one who calls for every bateel (falsehood) and beautifies it. And that is what contradicts tawhid, because the main pillar of tawhid is to disbelieve and reject the taghout. Allah (swt) says: “But no, by your Lord, they can have no faith until they make you (O Muhammed) judge in all disputes between them, and find in themselves no resistance against your decisions, and accept (them) with full submission.”

      (Surah An Nisa 4; 65) This verse clearly emphasizes that anyone who does not submit to the judgment of Allah (swt) and His Prophet (saw) can never be a believer and has clearly abandoned what our Prophet (saw) was sent with. It is very important however, to note that we often use the verb ‘claim’ to convey that those who ‘claim’ are lying, and in Ayah 60 of An Nisa, those people who are ‘claiming’ to believe are lying about their belief due to their going to Taghout for judgment, while they were ordered to disbelieve in it. And as we have mentioned before, the disbelief in Taghout is a pre-requisite pillar without which a person can never fulfill his tawhid, and only when one’s tawhid is complete, only then the rest of one’s deeds are accepted by Allah (swt). Allah (awj) says: “There is no compulsion in religion. Verily the right path has distinct from the wrong path. Whoever disbelieves in Taghout and believes in Allah, then, he has grasped the most trustworthy handhold that will never break. And Allah is Samee’un A’leem (All Hearer and All Seer).” (Surah Al Baqara 2; 256)

      Asheikh Sulaiman ibn AbdAllah Alsheikh stated that in the explanation of Surah An-Nisa, ayah 60 above, there is clear evidence that to avoid going to the taghout for judgement, which is other than the Qur’an and Sunnah, is obligatory and that the one who goes to the taghout for judgement is not a Mu’min nor a Muslim. (Tafsir Al Aziz el AlHamid)

      Imam Shawkanee stated in the tafsir of Surah Nisa 4; 60: “It is astonishing how individuals want to be trialed by the taghout even though they claim to believe in the Qur’an revealed to RasulAllah (saw) and the books revealed to the previous Nabi... Whereas Allah (swt) had commanded RasulAllah and all the rasul before him to reject the taghout.” (Fath ul Qadir 1/482)

      But no, by your Lord, they can have no faith!

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