From the
series entitled :
ENJOINING WHAT IS RIGHT AND FORBIDING WHAT IS WRONG
( 2 )
Ruling
By
Man-made Law
Is It
Minor or Major Kufr?
Explaining
the Words of Ibn Abbas
Edited by:
Ibn Umar
Author:
Abu Hamza Al-Masri
First
Edition
Supporters of Shariah Publications
A WORD FROM THE EDITOR
بسم الله الر حمن الرحيم
الحمد
لله و الصلاة و السلام على رسول الله
In
light of the recent struggles in the Muslim world and the continuing struggle
to enjoin the good and to forbid the evil, confusion has resulted among
Muslims as to the permissibility of doing this great pillar of Islam. In
recent years Muslims have been told to remain silent in regards to enjoining
the right and forbidding the evil because they could cause more evil than
good. Muslims have also been told that those who do attempt to enjoin the
right and forbid the wrong, and question the ruler as well are Khawaarij.
Both of these issues this book attempts to address in a firm and well thought
out manner.
Together with all the evidences,
as well as quotes from the great scholars, the reader will find, Insha’allah,
the difference between one who is a Khawaarij and one who is attempting
to halt oppression in the cause of Allah. After
digesting the bulk of this humble work, those who read it hopefully will
be able to understand with great clarity why enjoining the right and forbidding
the wrong is such a central theme in Islam.
May Allah guide us and make it easy for us to fulfill
this great commandment, and guard us against the evil of the transgressors,
outward and inward,
If there
have been any mistakes in this booklet, they are from ourselves and Shaitan.
We ask that you contact us with the corrections and comments that can be
added to the second addition of this work, at phone number 0171 354 8374,
or 0958 406333 fax: 0181 748 6893 e-mail: editor@supportersofshariah.org
Or write
to us: BCM HAMZA LONDON WC1N 3XX Insha`allah.
All the good in this work comes from Allah and may He reward us
and those who are sincere. Amin
إبن
عمر
Ibn Umar
An Advice
from the Author
بسم
الله الرحمن الرحيم
الحمد
لله و الصلاة و السلام على رسول الل
يارب
أعنِ على رضاك
Dear brothers
and sisters in Islam, السلام
عليكمMy advice
to you is to be neutral and to remember what Allah has said in the Qur’an
when he asked us to observe the truth, that he did not link it to any Sheikh
or any person other than the Prophet . Allah said, “Bring your evidence if you are truthful.” He never
said, “Bring your Sheikhs or anything else if you are truthful.” Unfortunately,
we have seen many of the Sheikhs and the knowledge seekers abused by their
fellow brothers and sisters, if the kind of truth they are delivering is
against the interest of tyrant regimes and the scholars that work full time
for them.
They are
willing to listen only to a certain type of truth and it must come from
a certain type of people! This is classed as a deviation in belief, from
Ahl us-Sunna in general and the ways of the Sahaba in
particular.
Others,
before they even know about the truth, they would like to see your opinion
about certain Sheikhs or idols in their hearts. If you criticise or disagree
with any of their Sheikhs in a major or minor issue, then they treat you
and call you as a deviant. Such action is a bid`a in Islam. It is unanimous
by the Sahaba y and Ahlus-Sunna
walJama`ah that it is Haraam and it could reach Shirk if you evaluate the
belief of someone based on his opinion of a person (other than those who
mentioned in the Quran and Sunna).
In other
words, you are not to come to someone and begin to check their aqeedah
by asking things like, “What do you think of Ibn Taymiyyah (RH)? What
do you think of Sheikh ….?” Such things can lead to one of the issues today
in our century, shirk in knowledge. This is when the people, they seek
knowledge and they learn it, but they evaluate their knowledge and judge
other people’s knowledge based on their Sheikh and his knowledge. This
is a very dangerous thing to do and live by.
So although
we respect the ancient scholars, there is a difference between respect
and worship. Allah U has made
it a fact of life for everybody to make mistakes, believers and scholars,
so we could in the process learn, integrate the truth and apply it. And
if we exaggerate in that, we could easily fall into the verse where Allah
SWT says:
( اتخذوا
أحبارهم ورهبانهم أرباباً من دون الله …)
( They take their priests and
their rabbis to be their lords beside of Allah…) Q. 9:31
So I advise
my brothers to be linked to the truth not to the Sheikh, and to transfer
the respect for the scholars to action, and I thank the brothers for editing,
distributing and financing such a little work availible. We also believe
that to save people’s time, we make such researches small and concise to
help the people in understanding important issues, that way we can all benefit
and work for the truth productively.
As-salaam
`Alaikum wa Rahmatullahi wa Barakatuhu.
Your Brother:
Abu Hamza
al Masri
بسم
الله الرحمن الرحيم
الحمد
لله والصلاة والسلام على رسول الله.
All praise
belongs to Allah U, we praise
Him and seek His help; we ask for His forgiveness and seek His refuge against
the evil of our souls and of our deeds. Whoever
is guided by HimU, none
can misguide him, whereas he whom Allah leads astray can never find any
guide. We bear witness that there is no god except
Allah, the One and the Only God, Who has no partners, and that Muhammadr (upon
whom be peace and blessings of Allah) is His servant and messenger. The best words are Allah’s and the best guidance is
Mohammed’s r (peace
be upon him). The worst evil is innovation
in religion; every innovation is an error, and every error will end up in
the hell-fire.
]يا
أيها الذين آمنوا اتقوا الله وقولوا قولاً سديداً~ يصلح
لكم أعمالكم ويغفر لكم ذنوبكم ومن يطع الله ورسوله فقد فاز فوزاً عظيماً
“ O ye who believe! Fear Allah,
and make your utterance straightforward.
That He may make your conduct
whole and sound and forgive you your sins: He that obeys Allah and His
Messenger has already attained the great victory “
(Al-Ahzab Ayat 70 & 71)
] يا أيها الذين أمنوا اتقوا الله وكونوا
مع الصادقين ~ ما كان لأهل المدينة ومن حولهم من الأعراب
أن يتخلفوا عن رسول الله ولا يرغبوا بأنفسهم عن نفسه ذلك بأنهم لا يصيبهم
ظمأ ولانصب ولا مخمصة في سبيل الله ولا يطئون موطئاً يغيظ الكفار ولا ينالون
من عدو نيلاً إلا كتب لهم به عمل صالح إن الله لا يضيع أجر المحسنين [
“O ye who believe! Fear Allah
and be with those who are truthful. It was not fitting for the people of
Madinah and the Bedouin Arabs of the neighbourhood, to stay behind Allah’s
Messenger, nor to prefer their own lives to his: because nothing could they
suffer or do, but was reckoned to their credit as a deed of righteousness,-
whether they suffered thirst, or fatigue, or hunger, in the Cause of Allah,
or trod paths to raise the ire of the Unbelievers, or gain any gain from
an enemy: For Allah suffereth not the reward to be lost of those who do good.”
(At-Taubah
Ayat 119 & 120)
ANSWERING THE WORD OF IBN ABBAS’S
KUFR DUNA KUFR
This is not just a research about Haakimiyya, but this
is only to be added to our research about Haakimiyya. And if you would like
anymore about the topic of Tawhid al-Haakimiyya, please see our book Allah’s
Governance on Earth, in which this topic is a part of it.
This is also not a paper to defend the Mujahideen,
the victorious party that are trying to implement the Shari`a, or to
distinguish between the Khawaarij and the Mujahideen. For this information,
please refer to the book, The Khawaarij and Jihad.
This is only a simple manifestation to show the
sincere brothers and sisters how evidence can be twisted and taken out
of context, then used against Ahl us-Sunna walJama`ah, as Allah SWT says,
they veil the truth with falsehood.
The main reason for writing this is that nowadays
the word of Ibn Abbas t is being used by evil and ignorant people to dismantle
the Shari’a, and help to replace it with man-made laws. Meanwhile those
who are objecting about this evil are being called Khawarij and disobedient
to the rulers.
However, It is wrong to deny the word of Ibn `Abbast, as many sincere brothers are trying to do, by
pushing the word of Ibn `Abbas out of the way or to try to challenge its
authenticity. Truly, its words are authentic, but it is only being used
out of context. The way of Ahl us-Sunna walJama`ah is to welcome any evidence
and to put together to integrate the truth.
We hope that in this small research, the words of
Ibn `Abbas are put in their proper context and that those who read it and
use it will give it to others to benefit Muslims sincerely seeking the truth.
May Allah SWT help those who are defending the words of Ibn `Abbas and striving
to preserve the correct understanding of the statement of Ibn `Abbas and
may Allah SWT guide those who have been led astray by the evil twisters of
these words, who seek to replace the Shari`a with the laws of men.
THE LITERAL MEANING OF THE WORD OF IBN `ABBAS AND
WHEN IT WAS SAID
The issue put before us is, ‘What exactly is the
word of Ibn `Abbas?’ To understand this, we need to understand the time
that it was said in. The era was when the dispute between Mu`awiya and
`Ali ibn Abi Taalib had arisen and dissenters from `Ali’s camp had classified
`Ali, his representative Abu Musa al Ash`ari, Mu`awiya and Mu`awiya’s representative `Amr ibn ul `As as kuffar.
The evidence quoted by the dissenters, later to be known as the Khawaarij,
was that in Surat ulMa’ida, ayah 44, in which Allah SWT says,
و من لم يحكم بما أنزل الله
فأولئك هم الكافرون
“And whoever does not judge by what Allah revealed,
then they are Kafirun.”
Because of this, the four above-mentioned sahaba
were classed as kuffar because the Khawaarij believed that the Shari`a
had not been applied, thus those who failed to apply it were kuffar. In
response to this and in defense of `Ali ibn Abi Taalib, Ibn `Abbas made
the statement that what occurred was kufr duna kufr and that
the four members mentioned were indeed still Muslim, and that the Khawaarij’s
understanding of the verse was not correct. Ibn `Abbas could not have know
that from this simple statement, that the evil tyrants and their supporters
would use this as an excuse to hinder those who are attempting to enjoin
the right and forbid the evil by removing the helpers of the Shaitan and
demolishing their thrones indefinitely. This misunderstanding of
the statement of Ibn `Abbas will be corrected and its context will be put
forward and made manifest for those who have been confused, disoriented and
completely led away from the work of striving in the path of Allah against
the wicked in this era. From this we now proceed to the evidence of our
short treatise.
THE DIFFERENCE BETWEEN HUKM SHAR`II, FATWA AND
JUDGEMENT
الفارق بين الحكم
الشرعي والفتوى والقضاء
In delicate situations such as these,
we must be sure about what we are talking about. To clarify any situation,
we must know what is Hukm Shar`ii, fatwa and judgement. Only after comprehending
these can we put the matter in front of us in perspective.
Our first matter to be explained is Hukm Shar`ii. Hukm Shar`ii is what Allah SWT said about a certain
situation that was given judgement on in His Shari`a. With regard to the
fatwa, it is applying the rule of Allah SWT about a certain situation for
a particular incident which matches the context of that rule. For instance,
we can not use the rule that fluids, which are toxic, are Haraam when we
talk about water, vinegar or things like this because these are Halaal substances.
The fatwa is only correct if the Hukm Shar`ii is correct and the reality
is correct.
The judgement goes a bit further than this. The
judgement is making sure the Hukm Shar`ii is correct, the reality that
surrounds it is sound and correct and that the judgement actually happened
and took place.
It then becomes compulsory to act it (the judgement)
out. This is what the work of a judge is. Once he is sure that the Hukm
Shar`ii is correct and the reality around it is correct, he endorses the
reality and makes sure the judgement takes place. The fatwa goes one step
ahead of Hukm Shar`ii and the judgement goes one step ahead of the fatwa,
which is application.
The reason for the introduction to the words of
the Sahabi Ibn `Abbas, is that Ibn `Abbas t had the words of the Qur’an memorised. He then
had the reality around him, and he used his senses to issue his famous
words ‘a kufr of a lesser kufr,’ which is unfortunately used
and abused out of its context in a totally different environment, situation
and a different purpose as well.
To focus more on the
word ‘kufr of a lesser kufr,’ we have to understand the actual word
that was said and narrated by different scholars of tafsir and hadith.
It was actually said, “It is actually not the kufr, which you think it
is.” And from this it shows that this word was said in the context of
a conversation. That conversation took place between him and the Khawaarij
of his time.
So his verdict was given
according to what they had in mind. This is specifically for them and their
time. We can understand from this verse that he still called it a kufr and
he did not change the word, make it allowable, or say it was okay, but he
still called it a kufr. He also took in mind the reality of the time, and
what was happening with regard to the leaders of his time.
So he was answering the doubts
of these people according to their situation, ie he used the Hukm Shar'ii
("and who ever does not rule by what Allah sent down, then they are Kafirun”),
but the reality did not match that kind of kufr.
Now focusing more on the reality of his time, we
must also keep in mind the following:
1. That the leader these people are calling kafir
is granted paradise by the Prophet r i.e. `Ali t.
2. Mu`awiya t, who was given important jobs by the khalifas and
was writing down the revelation of the Qur’an from the Prophet
3. Both parties had enmity amongst themselves and
at the same time they have more knowledge than the ignorant people of their
time, the Khawaarij, they didn’t even call one another with that title.
4. That the shari`a was 100% intact and applied.
SO, if any rule by other than Allah U took place, it is down to the individual that did
it, out of his ignorance or corruption, which is what matters most. So these
are the realities that are behind the words of Ibn `Abbas t, that it was a fatwa for his time. Now, Ibn Abbas
t himself made another
statement in a general situation with regard to those not ruling by Allah’s
law. The statement is as follows,
حدثنا
عن حسن ابن أبي الربيع الجرجاني قال أخبرنا عبد الرزاق عن معمر عن ابن طاووس
عن أبيه قال سئل ابن عباس عن قوله تعالى و من لم يحكم بما أنزل الله فأولئك
هم
الكافرون قال : كفى به كفره
It is narrated from
Hasan ibn Abi ar-Rabi`a alJurjaani saying,
“We heard it from `Abdur-Razzaaq from Mu`ammarfrom Ibn Tawus from his
father who said, ‘Ibn `Abbas was asked regarding the statement of Allah,
‘Whoever does not rule by what Allah has sent down, then they are Kafirun.’He (Ibn `Abbas) said, ‘It is enough kufr.’”
When Ibn `Abbas t made the statement that ‘it is enough kufr,’
this cannot be taken to mean a small kufr. When he says enough, it can
only be taken as a big kufr. The reason why this is such an important issue
goes directly to the rules of Tafsir on Qur’anic ayat. It is composed of
six points that are to be elaborated on below,
1. Ahl
us-Sunna walJama`ah, all the schools of thought and the fuqaha’a (the Islamic
jurists) have consensus (ijma`) that the saying of one sahabi or some
sahaba is not sufficient enough to eliminate a general verse from the
Qur’an. This rule is called (la yaslaah mukhasis lilqur’an) لا يصلح
مخصصا للقرآن, meaning that an ayah
that is general in the Qur’an can not be made specific by a Sahabi unless
an ijma`a, an opposing ayah from the Qur’an, a hadith or any other evidence
exists.
This rule does not mean
that Ibn `Abbas’s ruling, kufr duna kufr, was wrong regarding the case and
the fatwa of the time. No, this is not the case. But it means he and the
Sahaaba understood this (the fatwa) from the reality of the time, which did
not contradict the Qur’an or the Sunna.
2.For
the protection of the Qur’an, we should take into account the ijma`a of
Ahl us-Sunna walJama`ah on the methodology regarding Tafsir. The rule is that the explanation of the ayat of the
Qur’an must be from its outward meaning, unless there is other evidence that
we can use apparent meanings. This happened in very rare instances. Scholars
of Tafsir have said, “If this rule is not preserved, then the door
for bid`a is wide open for the people of Baatin to take
the meanings of the Qur’an from its apparent meanings and give totally
different presentation than what Ahl us-Sunnah agreed upon.”
It is also important to understand that we should
not play with the words or apparent meanings of words in the ayat. If there
is another meaning, there must be independent evidence to substantiate
it. For example, Ibn `Abbas t understood that verse 44 of Surat ulMa’ida meant
the kind of kufr which he called a kufr, but he did not change the word
kufr. But he knew that there is other hadith from the Prophet r which said,
حَدَّثَنَا مُحَمَّدُ بْنُ إِسْمَعِيلَ حَدَّثَنِي الْحَسَنُ
بْنُ بِشْرٍ حَدَّثَنَا شَرِيكٌ عَنْ الْأَعْمَشِ عَنْ سَعْدِ بْنِ عُبَيْدَةَ
عَنْ ابْنِ بُرَيْدَةَ عَنْ أَبِيهِ أَنَّ النَّبِيَّ صَلَّى اللَّهُ عَلَيْهِ
وَسَلَّمَ قَالَ الْقُضَاةُ ثَلَاثَةٌ قَاضِيَانِ فِي النَّارِ وَقَاضٍ
فِي الْجَنَّةِ رَجُلٌ قَضَى بِغَيْرِ الْحَقِّ فَعَلِمَ ذَاكَ فَذَاكَ فِي
النَّارِ وَقَاضٍ لَا يَعْلَمُ فَأَهْلَكَ حُقُوقَ النَّاسِ فَهُوَ فِي النَّارِ
وَقَاضٍ قَضَى بِالْحَقِّ فَذَلِكَ فِي الْجَنَّةِ
“There are three kinds of judges, two are in the
fire and one in Jannah: The one in Jannah is the one who knew the truth
and he judged by it. The one who judged amongst
people in his ignorancy then he is in the fire, and the man who knew the
truth, but he deviated from his judgement, then he is in the fire”
That was independent evidence to keep Ibn `Abbas
t from making takfir
on participants from both `Ali and Mu`awiya’s camp. This is so because
the hadith of the judges applied more to that time than the ayah being used
by the Khawaarij. We can then see that the Khawaarij
had an objection to certain people, whereas the Mujahideen are against
those replacing the Shari`a with man made laws.
3. The
ayah Ibn `Abbas spoke about is not talking about people replacing the Shari`a
as Kuffar, but it is actually speaking about those who just fail to use
the revelation for judgement or ruling, which is a major kufr, but less
of a kufr than those who change or modify any of the Shari`a.
4. Another
point is that Ibn `Abbas t differed with the Sahaba in many issues, such as,
at first he didn’t think Nikah alMut`a (temporary marriage for enjoyment)
was Haraam, but considered it Halaal until `Ali ibn Abi Talib t said to him, “You are a lost man.” Ibn Zubair
t also gave him words,
“If you keep saying it is halal, I will stone you to death.” Ibn
`Abbas t was also known to have given the ruling that Riba
an-Nasi’a (interest collected over a period of time) was Halaal, but simultaneous
Riba is Haraam altogether. He also once gave a ruling that the `Eid sacrifice
was wajib (compulsory), when most of the Sahaba ruled that it is recommended.
Then if any person looks, they can see Ibn `Abbas differed with Sahaba in
many other issues. Why don’t the blind followers of the issue of kufr duna
kufr also blind follow his other specified rulings?
5. The
Ancient Mufassirin (scholars of Tafsir) such as Ibn Kathir, Ibn Taymiyyah
and Ibn Qayyim al Jawziyya (RHM) as well as the modern scholars of tafsir,
such as Ahmad Shaakir, Muhammad ibn Ibrahim and Muhammad Shaakir (RHM)
narrated the saying of Ibn `Abbas t, and they knew the context and reality of his time.
Why did they then differ from
him in this issue and call some rulers of their time Kuffar because of replacing
the Shari`a?
These scholars would not
narrate Ibn `Abbas’s opinion and then differ unless they knew the statement
and context. So why were those scholars not called Khawaarij but Mujahideen?
Ibn `Abbas t, when he differed with some Sahaba with regard
to the sacrifice of the lamb, he quoted ayat from the Qur’an and statements
from the Prophet r. The other Sahaba y said, “Abu Bakr and `Umar never said it or called
it wajib (compulsory).” He then said his famous statement, “I
told you Allah SWT and the Messenger r said, but you are saying Abu Bakr and `Umar said.
Aren’t you afraid that the heavens will drop on your head.”
Would he (Ibn `Abbas t) then be happy now, to accept his name being used
against decisive ayat in the Qur’an?
6. We
should also try to understand Ibn `Abbas’s other statement, “ It
is not like the kufr in Allah or the Angels.” But this version of
his means that it can be a major kufr, but not directly
in Allah SWT and His angels, because associating with Allah U makes one a kafir but their kufr is less than those
who deny Allah SWT or His angels altogether.
It could still be taken
as a major kufr if it touches the right of Allah U, such as legislation, loyalty or love. If it touches
the right of people however, it is minor.
In conclusion, the
words of Ibn `Abbas t can not be used for the tyrants who replace the
Shari’a. For them, the verse of the sword should be used,
as Allah says,
فإذا انسلخ الأشهر الحرم فاقتلوا المشركين حيث وجدتموهم
و خذوهم و أحصروهم و أقعدوا لهم كل مرصد فان تابوا وأقاموا الصلوة و أتوا
الركوة فخلوا سبيلهم
“….Kill the Mushriks wherever you find them, take
hold of them, encircle them and lie in wait to ambush them on each and
every path. Then if they repent, establish prayers and give zakah, then
leave their way free.”
And also the verse narrated in Imam Ahmad Musnad,
on the authority of Jabar Ibn Abdullah t,
أمرنا رسول الله r أن نضرب بهذا ( وأشار إلى السيف )
من خرج عن هذا ( وأشار إلى المصحف )
“ Rasullullah r ordered us to hit with this (and he pointed to
his sword) whoever goes out of that” (and he pointed to the Qur’an)
That means exactly what
Ahl us-Sunna walJama`ah have said in regards to those ruling by other than
what Allah sent down, changing the Shari`a or legislate something, this is
the big kufr (kufr alAkbar). If they fail to apply it SOME
instances, that could be taken as a kufr of a lesser kufr (kufr al Asghar).
This is because the way of Ahl us-Sunna walJama`ah
is to use all the verses available before judgement, while the bid`ii people
only use the verses that suit them. Supporting this fact, no one will
ever find a statement from Ibn `Abbas or anybody with regard to legislation
(tashrii`) saying it is ‘a shirk of a lesser shirk’, as Allah
U said in the Qur’an,
أم لهم شركآء شرعوا لهم من الدين ما لم يأذن به الله
و لو لا كلمة الفصل لقضى بينهم و إن الظالمين لهم عذاب اليم
“Or do they have partners for them legislating a
religion that Allah did not give permission for. Had it not been for the word
of decision and decree, the matter between them would have been judged. And
truly for the oppressors is a torturous punishment.”
We are very surprised that those calling themselves
“Salafis,” who use the word ‘kufr duna kufr’ from Ibn `Abbas t, that they don’t use the other saying condemning
ruling by other than what Allah SWT sent down.
7 To endorse
what Ibn `Abbas t has said as well, Ibn Mas`ud t has said, mentioned
in the tafsir of Ibn Kathir regarding this ayah, when he was asked what
is reshwa (a bribe), he said, “It is is a suht (ill-gotten wealth).”
They then said, “No, we mean in judgement and ruling.” He said,
" ذاك الكفر”
“This is the very kufr.”
This is in Tafsir Ibn Kathir as well as in Akhbar
alQadaa. Why didn’t Ibn Kathir (RH) comment about this ayah and he only
left the comments of the Sahaba and those other than himself? The
reality which people don’t focus on is that Ibn Kathir (RH) is a knowledgeable
faqih and most important was the reality of their existing time, then they
put their conclusion.
This is exactly what
Imam Ibn Kathir (RH) has done. The Imam doesn’t just start from Surah Ma’ida,
ayat 44, 45 and 47, but he begins the subject of ruling and judgements
start from ayah number 40 and finishing on ayah number 50. Those ten ayat
are as follows,
أ لم تعلم أن الله له ملك السماوات والأرض
يعذب من يشاء ويغفر من يشاء والله على كل شيء قدير
“Know you not that to Allah (alone)
belongs the dominion of the heavens and the earth?
He punishes whom He wills and He forgives whom He wills; and Allah
hath power over all things.”
يا أيها الرسول لا يحزنك
الذين يسارعون في الكفر من الذين قالوا آمنا بأفواههم و لم تؤمن قلوبهم و
من الذين هادوا سمّاعون للكذب سمّاعون لقوم آخرين لم يأتوك يحرفون الكلم من
بعد مواضعه يقولون إن أوتيتم هذا فخذوه و إن لم تؤتوه فاحذروا و من يرد الله فتنته
فلن تملك له من الله شيئاً أولئك الذين لم يرد الله أن يطهر قلوبهم لهم
في الدنيا خزي و لهم في الآخرة عذاب عظيم
“O Messenger! Let not those grieve
you who race each other into unbelief; (whether it be) among those who
say, ‘We believe’ with their lips but whose hearts have no faith; or it
be among the Jews men who will listen to any lie and will listen even to
others who have never so much as come to you. They
change the words from their (right) times and places; they say, ‘If you
are given this take it, but if not beware.’ If Allah intends anyone’s trial,
you have no authority in the least for him against Allah. For such it is not Allah's will to purify their
hearts. For them there is disgrace in this world
and in the Hereafter a heavy punishment.”
سماعون للكذب أكالون للسحت
فإن جاءوك فاحكم بينهم أو أعرض عنهم و إن تعرض عنهم فلن يضربوك شيئا و إن
حكمت فاحكم بينهم بالقسط إن الله يحب المقسطين
“(They are fond of) listening to falsehood
of devouring anything forbidden. If they do
come to you either judge between them or decline to interfere. If you decline they cannot hurt thee in the least. If you judge, then judge in equity between them;
for Allah loves those who judge in equity.”
و كيف يحكمونك
و عندهم التوراة فيها حكم الله ثم يتولون من بعد ذلك و ما أولئك بالمؤمنين
“How is it they come to you for decision
when they have the Torah before them? Therein
is the (plain) command of Allah; yet even after that they would turn away. For they are not people of faith.”
إنا أنزلنا
التوراة فيها هدى و نور يحكم بها النبيون الذين اسلموا للذين هادوا و الربانيون
و الأحبار بما استحفظوا من كتاب الله و كانوا عليه شهداء فلا تخشوا الناس و
اخشون و لا تشتروا بآياتى ثمنا قليلا و من لم يحكم بما أنزل الله فأولئك هم
الكافرون
“It was We who revealed the Torah;
therein was guidance and light. By its standard
have been judged the Jews by the Prophet who were in submission by the
Rabbis and the doctors of Law. For to them was entrusted the protection
of Allah's Book and they were witnesses thereto. Therefore fear not men
but fear Me, and sell not My Signs for a miserable price. If any do fail to judge by what Allah hath revealed
they are unbelievers.”
و كتبنا عليهم
فيها أن النفس بالنفس و العين بالعين و الأنف بالأنف و الأذن بالأذن و السن
بالسن و الجروح قصاص فمن تصديق به فهو كفارة له و من لم يحكم بما أنزل الله
فأولئك هم الظالمون
“We ordained therein for them, ‘Life
for life eye for eye nose for nose ear for ear tooth for tooth and wounds
equal for equal.’ But if anyone remits the retaliation by way of charity
it is an act of atonement for himself. And if
any fail to judge by what Allah hath revealed they are oppressors.”
وقفينا على
آثارهم بعيسى ابن مريم مصدقا لما بين يديه من التوراة و أتيناه الإنجيل فيه
هدى و نور و مصدقا لما بين يديه من التوراة و هدى و موعظة للمتقين
“And in their footsteps We sent Jesus
the son of Mary confirming the law that had come before him. We sent him
the Gospel; therein was guidance and light and confirmation of the law that
had come before him, a guidance and an admonition to those who fear Allah.”
و
ليحكم أهل الإنجيل
بما أنزل الله فيه ومن لم يحكم بما أنزل الله فأولئك هم الفاسقون
“Let the people of the Gospel Judge
by what Allah hath revealed therein. If any do fail to judge by what Allah
hath revealed they are rebellious sinners.”
و أنزلنا إليكم الكتاب بالحق
مصدقا لما بين يديه من الكتاب و مهيمنا عليه فاحكم بينهم بما أنزل الله
و لا تتبع أهواءهم عما جاءك من الحق لكل جعلنا
منكم شرعة و منهاجا و لو شاء الله لجعلكم أمة واحدة و لكن ليبلوكم في ما أتاكم
فاستبقوا الخيرات إلى الله مرجعكم جميعا فينبئكم بما كنتم فيه تختلفون
“To you We sent the Book in truth confirming
the Book that came before it and guarding it in safety; so judge between
them by what Allah has revealed and follow not their vain desires diverging
from the truth that has come to you. To each
among you have We prescribed a Law and an Open Way.
If Allah had so willed He would have made you a single people but
(His plan is) to test you in what He has given you, so strive as in a race
in all virtues. The goal of you all is to Allah;
it is He that will show you the truth of the matters in which you dispute.”
وأن احكم بينهم
بما أنزل الله و لا تتبع أهوائهم وأحذرهم أن يفتنوك عن بعض ما أنزل الله
إليك فإن تولوا فاعلم أنما يريد الله أن يصيبهم ببعض ذنوبهم و إن كثيراً من
الناس لفااسقون
“And this (He commands): ‘Judge thou
between them by what Allah has revealed and follow not their vain desires
but beware of them lest they beguile you from any of that (teaching) which
Allah has sent down to you.’ And if they turn
away be assured that for some of their crimes it is Allah's purpose to
punish them. And truly most men are rebellious.”
أ فحكم الجاهلية يبغون و من
أحسن من الله حكماً لقوم يوقنون
“Do they then seek after a judgment of (the Days
of) Ignorance? But who for a people whose faith
is assured can give better judgment than Allah?”
Only then does
Ibn Kathir (RH) insert his opinion according to the reality of his time,
which was the existence of the Mongols, who are ruling by the book of Genghis
Khan. These circumstances are occurring in our time now. And what he, as
well as Ahmad Shaakir (RH) has said is well known. Usually the faqih, before
he reaches his verdict and gives his ruling on a matter, he puts all the
relevant ayat and hadith regarding the ayah. Next come the statements and
rulings of the Sahaba y, then the opinion of other scholars as well. Finally,
at the end of the subject he gives his verdict after all the evidence has
been presented.
Ibn Kathir’s ruling is most serious indeed. We are
able to appreciate its importance in every single facet. Let us read the
words of the great Sheikh,
“And as for the royal policies, which the Tartars
were ruled by, which were taken from their king, Genghis Khan, who laid
down for them Al Yaasiq, which is a book made up of laws which he took from
different shari`as. It is from Judaism, Christianity, the Islamic religion
and others. Also it contains many laws which he took from his sheer thinking
and desire. Thus, it became within his sons a followed law to which they
have been giving precedence over ruling by the Book of Allah and the Sunnah
of His Messenger r. Whoever does this is a kafir who must be fought
until he returns to the rule of Allah and His Messenger. So no one other
than He should neither rule in few nor many matters.”
Also add what Ibn Kathir said in his book alBidaaya
wan-Nihaaya,
“Thus whoever left the wise Shari`a sent upon Muhammad
ibn `Abdullah, the Seal of the Prophets and makes judgements to other than
it from the abrogated shari`as has become a kafir. So how is it for the
one who makes judgment to al Yaasiq and makes it superior over it (the Islamic
Shari`a)? Whoever did that, then he has already become a kafir by consensus
(ijma`) of the Muslims.”
In this section, of great utility are the words
of the Imam of the Scholars of hadith in this and the last century, al
`Allamah Sheikh Ahmad Muhammad Shaakir (RH). The great Qadi of Egypt had
this to say,
“Is it then lawful with this in the Shari`a of Allah that he judge
the Muslims in their lands by the legislation of pagan, atheistic Europe?
On the contrary, the legislation comes from false and fabricated opinions.
They change it and replace it according to their whims.
No, its inventor is unconcerned or remote from the
Shari`a or its violation. The Muslims have not been tested by this, as far
as we know of in their time, except in that time, the time of the Tartars.
And it was a wicked time, a period of great oppression and darkness.
Thus in these clearly invented laws, as clear as
the sun, it is clear kufr, no doubt about it. There is no persuasion and
there is no excuse for any one who is affiliated to Islam, being whoever
it may, in acting on it, submission to it or establishing it.”
Of use in this place as
well is the words of Al `Allamah Muhammad ibn Ibrahim (RH), the paternal
cousin of Muhammad ibn `Abdul Wahhab (RH) and previous Mufti of the Arabian
Peninsula. He had this to say of the replacement of the Shari`a,
“As far as the
saying, kufr duna kufr, it is when the judge makes judgement to other than
Allah with firm conviction that it is disobedience. He believes that the
judgement of Allah is the truth, but he left from it in one matter. As
far as whoever made laws in succession and makes others submit to it, then
it is kufr, even if they said, ‘We sinned and the judgement of the Revealed
Law is more just.’ This is still kufr that removes from the religion.”
The Sheikh expounded on this further in another
place, regarding the replacement of the Shari`a,