Indeed, among the greatest deceptions used by those who claim to be Salâfīs and #New_Âthârīs to confuse people regarding the issue of (Ruling by other than what Allāh has revealed) is that they have taken a direction completely opposite to that of the Khâwārîj.
The Khawarij declared a Muslim ruler to be a disbeliever for opposing the ruling of Allāh in individual cases.
As for these people, they have declared categorically that the ruler who rules by other than what Allāh has revealed is not a disbeliever — even if he sidelines the entire Sharī‘āh, replaces it with something else, or if clear signs and indications of Îstîhlāl (making it lawful) appear from him!
The Truth: Ruling by other than what Allāh has revealed is of two types:
First type: Major Kufr (Kufr Âkbâr) that expels one from the religion.
This occurs when the Book and the Sunnâh are completely sidelined from being the reference for judgment, or when they are replaced by something else, or when the ruling of Allāh is denied and rejected — even in a single incident.
Second type: Minor Kufr (Kufr Âsghâr).
This occurs when someone opposes the ruling of Allāh due to desire or worldly interest, while the fundamental principle and reference remain the Sharī‘āh.
According to Ahl al-Sunnâh, such a person is not declared a disbeliever, even if injustice and opposition to Allāh’s ruling are repeated, until he denies it or completely sidelines the entire Sharī‘āh from governance.
It is this second type that is intended by the statement of Ibn Abbās (may Allāh be pleased with him) “Kufr less than Kufr” and those Imāms of guidance who followed him — not what is constantly repeated by the tongues of “Âthârīs of Shîrk” and “Salâfīs of Zandâqâh.”
Abū al-Muzâffâr al-Sam‘ānī' clarified this detail in his Tafsīr when he said:
“Know that the Khawārîj use this verse as evidence and say: Whoever does not rule by what Allāh has revealed is a disbeliever.
Ahl al-Sunnâh said: He does not become a disbeliever by abandoning ruling (in some cases).
The verse has two interpretations:
The first: Its meaning is ‘Whoever does not rule by what Allāh has revealed out of rejection and denial — then those are the disbelievers.’
The second: Its meaning is ‘Whoever does not rule by all that Allāh has revealed — then those are the disbelievers.’
The disbeliever is the one who abandons ruling by all that Allāh has revealed, unlike the Muslim.”
What al-Sam‘ānī' stated was not unique to him; rather, it is attributed to many of the Imāms, including:
What was reported from Ismā‘īl al-Sûddî' via Âsbāt regarding the verse “And whoever does not rule by what Allāh has revealed…”
He said: “Whoever does not rule by what I have revealed — abandoning it deliberately, acting unjustly while he knows — then he is from the disbelievers.”
From Abû Mâjlâz Lāhîq bin Humāyd via Imrān bîn Hudāyr:
The people came to him and said, “O Abū Mâjlâz, ‘Whoever does not rule by what Allāh has revealed — those are the fāsîqūn?’”
They said: “Those are the dhālîmūn?”
They said: “Those are the kāfîrūn?”
They said: “But these (rulers) do rule by what Allāh has revealed?”
He replied: “Yes, it is their religion by which they rule, by which they speak, and to which they call.
If they abandon something of it knowingly, considering it injustice on their part…”
I say: Their statement “But these (rulers) rule by what Allāh has revealed?” refers to the oppressive rulers of their time.
His reply “Yes, it is their religion by which they rule” means that the foundation of their judgment is the Sharī‘āh of Allāh — they have not rejected it or replaced it entirely.
The implication is that if they were to sideline the Sharī‘āh completely or replace it, then the ruling of Kufr would apply to them absolutely.
Al-Hasân said: “Whoever does not take what Alläh has revealed as a religion and affirm it — ‘then those are the disbelievers.’”
I say: Meaning, whoever does not adopt as his religion the establishment of Allāh’s Sharí‘āh among the people, then he is a disbeliever in the absolute sense.
Abdûl Azīz bîn Yāhyā' said: “It applies to all that Allāh has revealed, not to some of it.
Whoever does not rule by what Allāh has revealed is a kāfîr, dhālîm, fāsîq.”
Ismā‘īl al-Qādī' said: “The apparent meaning of the verses indicates that whoever does what they did — inventing a ruling that contradicts the ruling of Allāh and adopting it as a religion to be acted upon — then the same threat mentioned applies to him, whether he is a ruler or otherwise.”
Ibn Abd al-Bârr reported the consensus that the minor kufr applies to the one who is unjust in judgment among the Imāms, not to the one who sidelines the entire Sharī‘āh and replaces it with something else.
“The scholars have unanimously agreed that injustice in judgment is among the major sins for whoever does it deliberately while knowing it.
Severe narrations from the Sâlâf have been reported regarding this.
Allāh, Exalted be He, said: ‘Whoever does not rule by what Allāh has revealed — those are the Kāfîrūn,’ ‘the dhālîmūn,’ ‘the fāsîqūn.’ It was revealed concerning the People of the Book.
Hûdhāyfāh and Ibn Abbās said: ‘It is general regarding us as well.’
They said: It is not a kufr that expels one from the religion if a man from this Ummāh does it, until he disbelieves in Allāh, His angels, His Books, His Messengers, and the Last Day.
This meaning has been reported from a group of scholars in the interpretation of the Qur’ān, including Ibn Abbās, Tāwūs, and Atā’.”Al-Karâjī' al-Qassāb affirms this meaning in his book al-Nûkât, saying:
“Whoever is driven by greed for a dîrhâm or dīnār, or by taking revenge, or by a desire of the soul to abandon the ruling of Allāh — while he knows it is transgression, recognizes his wrongdoing, fears the evil of his action, believes in his Lord regarding the rulings He has revealed, and testifies to their truth which he is obligated to act upon, and does not equate himself with them (the disbelievers) in this — while remaining upon his Islām and being a sinner to his Lord — then his actions deserve punishment if he is not pardoned.”
I say: The clear meaning of his words “Whoever is driven by greed for a dîrhâm or dīnār…” is that he is referring to individual incidents, not the complete sidelining or replacement of the Shârī‘āh!
This understanding has not been disputed by anyone. It has been affirmed by many of the later scholars, and no one was known to oppose it until the emergence of the Jahmīyyāh offshoot and the appearance of the pretenders of Âthârîyyâh.
Ibn Taymīyyāh said: “Whenever a person makes lawful what is unanimously agreed to be Hârām, or makes unlawful what is unanimously agreed to be Hâlāl, or replaces the unanimously agreed upon Sharī‘āh, then he is a disbeliever and apostate by the agreement of the jurists.
It is regarding this that the verse was revealed, according to one of the two opinions:
‘Whoever does not rule by what Allāh has revealed — those are the disbelievers.’”
He also said: “Whoever believes that he should rule between people with something other than the Book and the Sunnâh and does not rule between them by the Book and the Sunnâh — then he is a disbeliever.”
He also said: “Rather, many of those affiliated with Islām rule by their customs which Allāh has not revealed — such as the traditions of the Bedouins or the commands of those who are obeyed among them — and they believe that this is what should be ruled by instead of the Book and the Sunnah. This is Kûfr.”
Ibn Kathīr said: “Whoever abandons the firm, revealed Sharī‘āh sent down upon Muhammad îbn Abdûllāh, the Seal of the Prophets, and resorts to other abrogated laws for judgment has disbelieved.
How then about the one who resorts to the Yasaq and prefers it over the Sharī‘āh?!
Whoever does that has disbelieved by the consensus of the Muslims.”
In summary: This great issue has a precise and detailed explanation according to the Imāms of guidance.
There is neither absolute generalization without restriction, nor absolute restriction without generalization.
Rather, for every situation there is an appropriate statement, and for every condition there is a suitable ruling.
Two groups have gone astray in this matter: the Khawārîk with extremism (ghûlûww), and the new heretics with harshness and deficiency.
The Straight Path is what Ahl al-Sunnâh wa al-Jamâ‘âh are upon — of balance and moderation.
May Allāh have mercy upon the one who contemplates these narrations and acts justly.!!
