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RULING ON PROMULGATING (FOLLOWING) MANMADE LAWS.

Praise be to Allaah.

Accepting, following and promoting man-made laws that are contradictory to the laws and rulings of Allah and His messenger is an act of major Kufr and it can put a person beyond the pale of Islam.

This is view is according to the majority of scholars and there is no difference in there opinions regarding it.

Promulgating such laws is competing with Allah, may He be exalted, in His rule and is going against Him in His laws. Allah says (interpretation of the meaning): “Or have they partners with Allaah (false gods) who have instituted for them a religion which Allaah has not ordained?” [al-Shoora 42:21].

And Allah says concerning obedience to one who permits dead meat (interpretation of the meaning):

“Eat not (O believers) of that (meat) on which Allaah’s Name has not been pronounced (at the time of the slaughtering of the animal), for sure it is Fisq (a sin and disobedience of Allaah). And certainly, the Shayaateen (devils) do inspire their friends (from mankind) to dispute with you, and if you obey them [by making Al‑Maytah (a dead animal) legal by eating it], then you would indeed be Mushrikoon (polytheists); [because they (devils and their friends) made lawful to you to eat that which Allaah has made unlawful to eat and you obeyed them by considering it lawful to eat, and by doing so you worshipped them; and to worship others besides Allaah is polytheism]”

[al-An‘aam 6:121].

And Allah says (interpretation of the meaning):

“Have you not 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 Taaghoot (false judges) while they have been ordered to reject them. But Shaytaan (Satan) wishes to lead them far astray.

61. And when it is said to them: ‘Come to what Allaah has sent down and to the Messenger (Muhammad صلى الله عليه وسلم),’ you (Muhammad صلى الله عليه وسلم) see the hypocrites turn away from you (Muhammad صلى الله عليه وسلم) with aversion”

[al-Nisa’ 4:60-61].

If this is the ruling of Allah concerning the one who wants to refer for judgment to false judges, then how about the false judge himself who promulgates laws instead of Allah.

The legislation of the country which is contrary to the teachings and ruling of Islam is simply a kufr. It means permitting what is forbidden in Islam and forbidding what may have been permitted. It also means giving the right to the legislator change the ruling and make it however they want to. whatever the majority agrees upon must be carried out and the one who goes against it is punished and criminalized. This is the ultimate kufr.

Shaykh al-Islam Ibn Taymiyah (may Allah have mercy on him) said: If a person regards as permissible that on which there is scholarly consensus that it is forbidden or regards as forbidden that on which there is scholarly consensus that it is permitted, or he alters a law on which there is consensus, then he is a kaafir and apostate, according to the consensus of the fuqaha’.

Ibn Katheer (may Allah have mercy on him) said: The one who forsakes the law that was revealed to Muhammad ibn ‘Abd-Allah, the Seal of the Prophets (blessings and peace of Allah be upon him) and refers for judgement to any other law that has been abrogated, has committed an act of kufr, so how about the one who refers for judgement to al-Yaasa and gives it precedence? The one who does that is a kaafir according to the consensus of the Muslims.

Hence without a doubt, the one who promulgates laws himself has committed a greater act of kufr and is more misguided then the one who refers to them for the judgment alone.

Allah says in Glorious Quran: “and He makes none to share in His Decision and His Rule” [al-Kahf 18:26],

From this verse we can understand that anyone who promulgates laws other than what Allah has ordained is indeed engaging in Shirk, i.e. associating others with Allah.

This understanding is explained clearly in other verses, such as the verse which speaks of those who follow the laws of the Shaytaan in permitting dead meat, claiming that it has been killed by Allah [and thus should be permitted]:

“Eat not (O believers) of that (meat) on which Allaah’s Name has not been pronounced (at the time of the slaughtering of the animal), for sure it is Fisq (a sin and disobedience of Allaah). And certainly, the Shayaateen (devils) do inspire their friends (from mankind) to dispute with you, and if you obey them [by making Al‑Maytah (a dead animal) legal by eating it], then you would indeed be Mushrikoon (polytheists)”

[al-An‘aam 6:121].

Allah taala has clearly stated that they will be musriqoon by obeying their laws.

This is associating others with Allah in terms of obedience and following laws that are contrary to that which Allah has ordained -- which is what is meant by worshipping the Shaytaan in the verse in which Allah says (interpretation of the meaning):

“Did I not command you, O Children of Adam, that you should not worship Shaytaan (Satan). Verily, he is a plain enemy to you.

61. And that you should worship Me [Alone Islamic Monotheism, and set up not rivals, associate‑gods with Me]. That is the Straight Path”

[Ya-Seen 36:60-61].

And Allah tells us that His Prophet Ibraaheem said (interpretation of the meaning):

“ ‘O my father! Worship not Shaitân (Satan). Verily, Shaitân (Satan) has been a rebel against the Most Gracious (Allaah)’”

[Maryam 19:44].

And Allah says (interpretation of the meaning):

“They (all those who worship others than Allaah) invoke nothing but female deities besides Him (Allaah), and they invoke nothing but Shaytaan (Satan), a persistent rebel!”

[al-Nisa’ 4:117]

Which means that they do not worship anything other than devil and follow his laws over what Allah has ordained. Hence Allah calls those whom they obey in the sins that they made attractive to them “partners”, as in the verse (interpretation of the meaning)

“And so to many of the Mushrikoon (polytheists) their (Allaah’s so‑called) ‘partners’ have made fair-seeming the killing of their children, in order to lead them to their own destruction and cause confusion in their religion” [al-An ‘am 6:137].

The Prophet (blessings and peace of Allah be upon him) explained this to ‘Adiyy ibn Haatim (may Allah be pleased with him) when he asked him about the verse in which Allah says (interpretation of the meaning): “They (Jews and Christians) took their rabbis and their monks to be their lords besides Allaah” [al-Tawbah 9:31]. He explained that they permitted to them that which Allah has forbidden and they forbade to them that which Allah has permitted, and they [the people] followed them in that; that is how they took them as lords.

One of the clearest proofs concerning that is the fact that in Soorat al-Nisa’, Allah, may He be glorified and exalted, mentioned those who want to refer for judgement to something other than the laws prescribed by Him and wonders at their claim to be believers, because their claim to be believers even though they want to refer for judgement to false judges shows that they have reached a level of lying which is astounding. That is what Allah says (interpretation of the meaning):

“Have you not 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 Taaghoot (false judges) while they have been ordered to reject them. But Shaytaan (Satan) wishes to lead them far astray”

[al-Nisa’ 4:60].

The legal systems that are contrary to the laws established by Allah include thinking that the precedence of male over female over inheritance is wrong and it is necessary to make them equal. Claiming that plural marriages and divorces are unfair and that stoning, cutting off the hand and so on are barbaric acts that should not be done to people, and so on.

This is a transgression against the creator of heavens and earth and the divine system prescribed by Him.

“Or have they partners with Allaah (false gods) who have instituted for them a religion which Allaah has not ordained?”

[al-Shoora 42:21]

“Say (O Muhammad to these polytheists): ‘Tell me, what provision Allaah has sent down to you! And you have made of it lawful and unlawful.’ Say (O Muhammad): ‘Has Allaah permitted you (to do so), or do you invent a lie against Allaah?’”

[Yoonus 10:59]

“Say: ‘Verily, those who invent a lie against Allaah will never be successful’”

[Yoonus 10:69].

“and He makes none to share in His Decision and His Rule” [al-Kahf 18:26].

And Allah knows best and He is the strength of all strength.

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