Posted by Abu Iyaad
Translated
May 2002
Filed under Miscellaneous
AMONG THE SCHOLARS are those who consider instituting secular laws (legislating), or replacing parts of the Sharīʿah with secular laws (istbdāl), or referring judgement to the secular laws (taḥkīm, taḥākum) to come under the tafṣīl that if he does so believing those laws to be equal or better than the Sharīʿah, or permissible to judge to them, or that the Sharīʿah laws are not applicable to these times and the likes, then that is major kufr, and if not, then it is the kufr that does not expel from the fold of Islām.
From the scholars who have clear statements in this respect are Shaykh al-Albānī, Shaykh Ibn Bāz, Shaykh Ibn ʿUthaymīn and Shaykh ʿAbd al-Muḥsin al-ʿAbbād. The Takfīrī Khārijites consider all of these scholars to be upon Irjāʾ despite the fact that these scholars hold that action are from īmān, that īmān increases and decrease and that kufr occurs through belief, speech and action, and that from the action are those by a person leaves Islām, without required istiḥlāl, juḥūd, takdhīb and the likes, such as kicking the Qurʾān, or prostrating to an idol and so on. However, on this issue of ruling by other than what Allāh revealed, they have a particular view regarding some of its forms. See: On Ruling by Secular Laws, Altering the Religion and Those Who Accuse Shaykh Al-Albānī, Shaykh Ibn Bāz and Shaykh Ibn ʿUthaymīn of Irjāʾ.
This accusation was first levelled against Shaykh al-Albānī, and then extended and expanded to all the other major Salafī scholars of the era in whose speech can be found such tafṣīl not to the liking of the Takfīrī Khārijites who call to blanket takfīr and speak with the individual obligation (farḍ ʿayn) of revolting against governments and rulers, and presenting this as the binding methodology of reform for the ummah in this time.
Shaykh ʿAbd al-Muḥsin al-ʿAbbād (حفظه الله) was asked in the Islamic University of Madīnah, during his lesson, “Sharh Sunah Abu Dawood” (right at the end of cassette no. 231) on 16/11/1420H:
Is Istibdāl (replacing) the Islāmic Sharīʿah with the secular laws (al-qawānīn al-waḍʿiyyah) kufr in and of itself? Or does it require the istiḥlāl of the heart (holding it to be lawful) and belief in its permissibility? And is there a difference between ruling by other than what Allāh has revealed in one instance, and between making the secular laws (al-qawānīn) as general legislation (tashrīʿan āmman), while one believes that this is not permitted?
So the Shaykh replied:
It is clear that there is no difference between ruling in a matter, or ten or a hundred or a thousand, or less or greater than that. There is no difference as long as a person considers himself to be in error, that he is doing what is evil (munkar), and that he is committing disobedience, and that he is fearful of sin, so this is the minor kufr (kufr dūna kufr). And as for Istiḥlāl, even if it was only in one matter, so he makes it lawful to judge by other than what Allāh has revealed, and considers it to be lawful, then this is kufr.
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