Imaam ash-Shanqeetee on Ruling by the Secular Laws
Sunday, December 20 2009 - by Admin
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Imaam ash-Shanqeetee (rahimahullaah) said as occurs in Adwaa ul-Bayaan (4/90):

... that those who follow the Secular Laws which Shaytaan has legislated upon the tongues of his allies, in opposition to what Allaah, the Majestic and Elevated, has legislated upon the tongues of his Messengers (sallallaahu alaihim wa sallam), then no one doubts about their kufr and their Shirk, except the one whose vision Allaah has removed, and has blinded him from the light of revelation... Know that it is obligatory to make a distinction between the code of law (nidhaam ul-wad'iyy) whose implementation (takheem) necessitates kufr in the Creator of the Heavens and the earth and between the code of law which does not necessitate that.

And to make that clear: Law (nidhaam) is of two types: Idaaree (organisational, regulatory) and Shar'iyy (legislative, pertaining to the Sharee'ah).

As for the Idaaree (law) by which perfection and exactness in the affairs is intended, and to regulate and bring together the affairs in a manner that does not oppose the Shar' (Legislation of Allaah), then there is nothing to prevent this, and there is no one who opposed it from amongst the Companions or those from after them. And Umar (radiallaahu anhu) acted on some things which were not in the time of the Prophet (sallallahu alaihi wasallam), such as his writing the names of the soldiers in a record (i.e. account book) for the purpose of exactness, so he would know who was missing and who was present. Yet the Prophet (sallallaahu alaihi wasallam) did not do that. And also like his, I mean Umar's (radidallaahu anhu), purchasing of the house of Safwaan bin Umayyah and making it into a prison in Makkah al-Mukarramah, while the Prophet (sallallaahu alaihi wasallam) did not set up a prison and nor did Abu Bakr... So there is no harm in this type of law, and it is not outside of the confines of the principles of the Sharee'ah of maintaining the general benefits (in the society)...

And as for the legislative code (Nidhaam ush-Shar'iyy) which is in opposition to the legislation of the Creator of the Heavens and Earth, then instituting it (takheemihi) is disbelief in the Creator of the Heavens and the Earth. Such as the claim that favouring the man over the women in the issue of inheritance is not from justice, or that it is necessary for them to be considered equal in receiving inheritance, or like the claim that polygamy is (a form of) oppression, or that divorce is oppressive for the woman, or [the claim] that stoning (for adultery) and chopping (the hand for theft) are from the strange (backward) actions and that it is not permissible to apply them to a human being, and other such (claims).

And he also said Adwaa ul-Bayaan (7/162):

So associating with Allaah in His hukm (judgement) is like associating with Allaah in his ibaadah (worship). He said concerning his judgement "And He does not let anyone share in His judgement" and in the reading of Ibn Aamir from the seven (readings), "And do not associate (anyone) with Allaah in His judgement" and this in the form of a prohibition. And concerning Shirk in his worship he said, "And whoever hopes in the meeting with His Lord, then let him work righteous deeds and in the worship of his Lord associate none as a partner", hence both the matters are the same... And by this it is known that the halaal (lawful) is what Allaah has declared lawful and the haraam (unlawful) is what Allaah has declared unlawful, and the deen (religion) is what has been legislated by Allaah. Therefore, every legislation (Tashree') from other than Him is falsehood, and acting upon it instead of (badala) the legislation of Allaah - for the one who believes that it is equivalent to it, or better than it - is clear, manifest kufr, there being no doubt in it.

The Doctor, Abdul-Azeez bin Saalih at-Tuwayyaan wrote an Academic Paper entitled, "Juhood Shaikh Muhammad al-Ameen ash-Shanqeetee Fee Taqreer Aqeedat us-Salaf" (The Striving of Shaikh Muhammad al-Ameen ash-Shanqeetee in Corroborating the Aqeedah of the Salaf), which was given an introduction by both Shaikh Salih al-Ubood (the Director of the Islamic University of Madinah) and also Shaikh Abdul-Muhsin al-Abbaad.

Dr. at-Tuwayyaan quotes the saying of Imaam ash-Shanqeetee (Adwaa ul-Bayaan 4/90):

Those who follow the Secular Laws which Satan has legislated upon the tongues of his allies, and which are in opposition to what Allaah, the Majestic and Exalted, has legislated upon the tongues of his Messengers (sallallaahu alaihim wasallam), then no one doubts about their kufr and Shirk, excpt one whose eyesight Allaah has blinded from the light of revelation...

And he then comments with the following note (pp. 182-183):

And from this, the Shaikh's resolute position towards the one who changed (ghayyara) the judgement of Allaah, and judged by the judgement of the Tawaagheet becomes clear, since he (the Shaikh) speaks of the kufr of such a one, rather the kufr of the one who doubts in the kufr of such a one. And the position of the Shaikh (rahimahullaah) is not to be taken absolutely ('alaa itlaaqihi), since we see him explaining in other places, when ruling by other than what Allaah has revealed becomes the kufr that expels from the religion, and when the person who commits it is a sinner who falls into what is haraam, and which does not expel him from Islaam. So he says (rahimahullaah),

Kufr, dhulm and fisq, all of them can be used in the legislation with the intent of 'disobedience' at one time and with the intent of 'kufr that ejects from the religion another time'. And whoever does not judge by what Allaah has revealed, turning away and contradicting the Messenger (sallallaahu alaihi wasallam) and nullifying the rulings (ahkaam) of Allaah, then his dhulm, fisq, and kufr - all of them are disbelief that eject from the religion. And whoever does not judge by what Allaah has revealed, whilst believing that he is committing a forbidden action and doing a reprehensible action, then his kufr, dhulm and fisq does not eject him from the religion. (Adwaa al-Bayaan 2/104)

And the view of the Shaikh is the view of the notable scholars before him, such as Ibn al-Qayyim (rahimahullaah) and from this detailed tafseel from Ibn al-Qayyim (rahimahullaah) in this matter we come to know the agreement of Shaikh al-Ameen's aqeedah with the aqeedah of the Salaf before him, and also his striving (rahimahullaah) to corroborate the aqeedah of the Salaf and traversing upon it and following their way becomes clear.

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And from all the above it should be clear that ruling by other than what Allaah has revealed has many forms and manifestations and the kufr that expels from the religion in relation to this subject is not restricted only to "juhood" (denial, rejection) or "istihlaal" (declaring the unlawful to be lawful as a matter of belief) or "juhood and istihlaal", but it encompasses the speech of the heart, and its action, as well as statement of the tongue and action of the limbs - and this is because just like eemaan is in the heart, on the tongue and on the limbs, then likewise kufr can be in the heart (in both its speech and action) and upon the tongue and upon the limbs. And thus from that which would be included in it, in this particular topic, would be:

  • Juhood (rejection, denial, after knowledge)
  • Istihlaal (declaring it to be lawful in one's belief)
  • Considering Secular Law to be better (even if he does not judge by it)
  • Considering Secular Law to be equal to the Sharee'ah
  • Considering Sharee'ah law to be better but believing one has a choice in the matter
  • Believing the Sharee'ah law is backward or not suitable for the times, such as claiming polygamy is oppression, or stoning is barbaric, or that the division in inheritance is unjust and so on.
  • Removing the entire Sharee'ah from top to bottom, in all affairs, in the entire religion and instituting another law in its place
  • Hating what Allaah revealed, even if one judges by it
  • Withholding from ruling by what Allaah has revealed out of arrogance and the likes, even whilst knowing and accepting it is superior and better and so on.

So here the kufr is not just related to the speech of the heart but also to the heart's actions, and to the outward actions too, and so juhood is other than istihlaal, and istihlaal is other than the hatred or arrogance of the heart that prevents submission to the law of Allaah, and the belief or the claim that the Sharee'ah is outmoded or barbaric is other than juhood and istihlaal - so all of these affairs are different, and they all relate to varying parts of the body, some to the speech of the heart, some to its actions, some to the tongue and some to the limbs, and kufr is more than just juhood and istihlaal within the subject of ruling by other than what Allaah has revealed specifically, and in a broader sense also. And when you bring together all the statements of the Scholars in this subject, putting aside the differences of opinion in certain specific issues, this is the reality that comes out of it.


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