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Page 41
Based on the fact that seeking judgment from the Shari'ah is a prerequisite for attesting that there is no God but Allah and that Muhammad is His servant and Messenger, applying the judgments of false gods, leaders, soothsayers and the like negates the true Iman in Allah. Doing so is considered to be Kufr (disbelief), Zhulm (injustice) and Fisq (flagrant violation of Islamic law). Allah (Exalted be He) says:
And whosoever does not judge by what Allâh has revealed, such are the Kâfirûn (i.e. disbelievers of a lesser degree as they do not act on Allâh's Laws).
And 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 shall be for him an expiation. And whosoever does not judge by that which Allâh has revealed, such are the Zâlimûn (polytheists and wrong­doers ­ of a lesser degree).
Let the people of the Injeel (Gospel) judge by what Allâh has revealed therein. And whosoever does not judge by what Allâh has revealed (then) such (people) are the Fâsiqûn [the rebellious i.e. disobedient (of a lesser degree)] to Allâh.
Allah (Exalted be He) shows that judging by anything other than what He has revealed is an act of pagan people and that abandoning the Judgments of Allah incurs His Punishment and Wrath which will never be turned back from the wrong­doers. Allah (Glorified be He) says:
And so judge (you O Muhammad ﺻﻠﻰ ﺍﷲ ﻋﻠﻴﻪ ﻭﺳﻠﻢ) among them by what Allâh has revealed and follow not their vain desires, but beware of them lest they turn you (O Muhammad ﺻﻠﻰ ﺍﷲ ﻋﻠﻴـﻪ ﻭﺳـﻠﻢ) far away from some of that which Allâh has sent down to you. And if they turn away, then know that Allâh's Will is to punish them for some sins of theirs. And truly, most of men are Fâsiqûn (rebellious and disobedient to Allâh). Do they then seek the judgement of (the days of) Ignorance? And who is better in judgement than Allâh for a people who have firm Faith.
Anyone who reads this Ayah and contemplates its meanings, understands that the Commandment to apply the Judgments of Allah is stressed in eight ways. Firstly: The Order to rule by Shari'ah in the Ayah:
And so judge (you O Muhammad ﺻﻠﻰ ﺍﷲ ﻋﻠﻴﻪ ﻭﺳﻠﻢ) among them by what Allâh has revealed
Secondly: People's desires and inclinations should not prevent them from judging by what Allah has revealed under any circumstance. Allah (Exalted be He) says:
and follow not their vain desires
Thirdly: The warning against abandoning the Shari'ah when judging in minor and major matters. Allah (Exalted be He) says:
but beware of them lest they turn you (O Muhammad ﺻﻠﻰ ﺍﷲ ﻋﻠﻴﻪ ﻭﺳﻠﻢ) far away from some of that which Allâh has sent down to you.
Fourth: Turning away from the Judgment of Allah or rejecting any part of it is a major sin that entails severe punishment. Allah (Exalted be He) says:
And if they turn away, then know that Allâh's Will is to punish them for some sins of theirs.
Fifth: The warning against being deceived by the numerousness of opposers to the Judgments of Allah. Few are the servants of Allah who are grateful. Allah (Exalted be He) says:
And truly, most of men are Fâsiqûn (rebellious and disobedient to Allâh).
Sixth: Judgment by anything other than what Allah has revealed is described as the judgment of Jahiliyyah (pre­Islamic time of ignorance). Allah (Exalted be He) says:
Do they then seek the judgement of (the Days of) Ignorance?
Seventh: Stressing the great fact that the Judgment of Allah is the best and most just of all. Allah (Exalted be He) says:
And who is better in judgement than Allâh
Eighth: Yaqin (certainty and conviction) necessitates sincerely believing that the Judgments of Allah are the best, the most perfect, the most complete and the most just of all. It is a Muslim's duty to accept them and surrender to them. Allah (Exalted be He) says:
And who is better in judgement than Allâh for a people who have firm Faith.
Moreover, these meanings are stressed in various Ayahs and are supported by the Prophet's words and deeds. For example, Allah (Glorified be He) says:
And let those who oppose the Messenger's (Muhammad ﺻﻠﻰ ﺍﷲ ﻋﻠﻴﻪ ﻭﺳـﻠﻢ) commandment (i.e. his Sunnah ­ legal ways, orders, acts of worship, statements) (among the sects) beware, lest some Fitnah (disbelief, trials, afflictions, earthquakes, killing, overpowered by a tyrant) should befall them or a painful torment be inflicted on them.
But no, by your Lord, they can have no Faith, until they make you (O Muhammad ﺻﻠﻰ ﺍﷲ ﻋﻠﻴﻪ ﻭﺳﻠﻢ) judge in all disputes between them
Follow what has been sent down unto you from your Lord (the Qur'ân and Prophet Muhammad's Sunnah)
It is not for a believer, man or woman, when Allâh and His Messenger have decreed a matter that they should have any option in their decision.
In addition, it is confirmed that the Messenger of Allah (peace be upon him) said, "None of you believes until their desires are in accordance with what I have come with." Al­Nawawy said:"This is a Hadith Sahih (authentic Hadith) which we have reported in "Kitab Al­Hujjah" with an authentic Sanad (chain of narrators)."It is also related that the Prophet (peace be upon him) said to 'Ady ibn Hatim (may Allah be pleased with him), "'Do you not follow them in deeming unlawful what Allah has made lawful and in deeming lawful what Allah has made unlawful?' He said, 'Yes, we do.' The Prophet (peace be upon him) said, 'That is worshipping them.'" Ibn 'Abbas (may Allah be pleased with him) told those who argued with him regarding some issues: "I fear that stones are about to rain down on you from the sky! I tell you that the Messenger of Allah (peace be upon him) said (such­and­such) and you tell me that Abu Bakr and 'Umar said (such­and­such)!"
Based on that, a servant must fully submit to what Allah and His Messenger say and give it precedence over whatever anyone else says. This is Ma'lum minad­din biddarurah (a necessarily known religious principle).
In fact, Allah, out of His Mercy and Wisdom, stipulates that seeking judgment in disputes among His servants should be according to His Shari'ah and Revelation. Allah (Glorified be He) is Exalted High above and free from all human weaknesses, desires, incapability and ignorance and He is the All­Wise, the All­ Knower, the Most Kind, and the Well­Acquainted with everything. He knows His servants and what sets their affairs right whether in the present or future. That is why Allah, out of His Mercy, took charge of judging between His servants concerning their disputes, conflicts and life matters so that justice, goodness and happiness prevail and also content, tranquility and relief. When a servant is certain that the Judge in any of their disputes is Allah, the Creator, the All­Knower and the Well­Acquainted, they will accept and yield, even if the judgment opposes their personal desires and wishes. On the other hand, when a servant knows that the judgment is passed by humans like themselves who have their whims and desires, they will not accept it and will go on with the litigation, and disputes will never end. Since Allah (Glorified and Exalted be He) obligates seeking judgment through the laws He has revealed to His servants out of His Mercy and Kindness, He teaches and shows them the way to fulfill this obligation. Allah (Glorified be He) says:
Verily! Allâh commands that you should render back the trusts to those to whom they are due; and that when you judge between men, you judge with justice. Verily, how excellent is the teaching which He (Allâh) gives you! Truly, Allâh is Ever All­Hearer, All­Seer. O you who believe! Obey Allâh and obey the Messenger (Muhammad ﺻﻠﻰ ﺍﷲ ﻋﻠﻴﻪ ﻭﺳﻠﻢ), and those of you (Muslims) who are in authority. (And) if you differ in anything amongst yourselves, refer it to Allâh and His Messenger (ﺻﻠﻰ ﺍﷲ ﻋﻠﻴﻪ ﻭﺳﻠﻢ), if you believe in Allâh and in the Last Day. That is better and more suitable for final determination.
In addition, the Ayah is not only addressed to the ruler and the one ruled and the caretaker and the subjects in general, but also to the judges and it advises them to be just. Allah commands judges to be just and commands the believers to accept the judgments based on the Shari'ah and what Allah has revealed to His Messenger (peace be upon him). He orders them when they differ or dispute to refer the matter to Allah and His Messenger (peace be upon him).
Based on the previous discussion, the Muslim learns that applying Shari'ah and seeking judgment from it is obligated by Allah and His Messenger (peace be upon him). It is a prerequisite of submitting to Allah and attesting that His Messenger Muhammad (peace be upon him) came with the Message. Opposing these facts or any part of them brings forth Allah's Torment and Punishment. Moreover, the command applies to the way a Muslim country deals with its subjects and to Muslim individuals at any place and time.
In case of disputes, whether on the level of countries, groups or individuals, the ruling is the same. To Allah belongs all the Creation and Commandment and He is the Most Just of the judges. Anyone who believes that people's judgments and opinions are better than, similar to or equal to the Judgments of Allah and His Messenger (peace be upon him) is not a believer. The same applies to anyone who allows positive laws and man­made regulations to substitute for Allah's Judgments, even if they believe that Allah's Judgments are better, more comprehensive and more just.
Therefore, it is the duty of Muslim populace, their rulers and kings and those in charge of Muslim affairs to observe Taqwa (fearing Allah as He should be feared) and apply Shari'ah in their countries and in relation to all of their affairs. They should protect themselves and those under their power from Allah's Punishment in this world and in the Hereafter. Furthermore, those in authority should take warning from what had happened in countries that opposed the Judgments of Allah and which blindly imitated the West following its ways that led them to disagreement, dispersion, increase in evil, decrease in goodness and spread of killing. Things are going from bad to worse in these countries and their enemies gain more political and intellectual power over them and things will not improve unless they return to Allah (Glorified be He) and follow His Straight Path which He has chosen for His servants and commanded them to follow to enter Paradise. Allah (Glorified be He) is Most Truthful when He says:
"But whosoever turns away from My Reminder (i.e. neither believes in this Qur'ân nor acts on its teachings.) verily, for him is a life of hardship, and We shall raise him up blind on the Day of Resurrection." He will say: "O my Lord! Why have you raised me up blind, while I had sight (before)." (Allâh) will say: "Like this: Our Ayât (proofs, evidence, verses, lessons, signs, revelations, etc.) came unto you, but you disregarded them (i.e. you left them, did not think deeply in them, and you turned away from them), and so this Day, you will be neglected (in the Hell­fire, away from Allâh's Mercy)."
Severe is the life of hardship with which Allah has punished those who have disobeyed Him and neglected His Orders, substituting the Judgments of Allah, Lord of the Worlds with those of helpless creatures.
What a stupid person is the one who has Allah's Words that speak the truth, judge between people, show them the right way and guide the misguided but who discards all that to follow instead a human being's opinion or a country's regulations. Do those people not know that they have lost this world and the Hereafter? They have neither achieved success and happiness in this world nor are safe from Allah's Torment and Punishment on the Day of Resurrection, for they have deemed lawful what Allah has made unlawful and have not fulfilled His Obligations on them. I ask Allah to let my words be a reminder and a warning to people, so that they may consider their situations and what they have done to themselves and their nations. I hope people would return to the truth and stick to the Qur'an and Sunnah to be among the true followers of Muhammad (peace be upon him). If Muslims do, they will be highly esteemed among other nations like the Salaf (righteous predecessors) and the three best generations of Muslims. They owned the land and ruled the world and many people entered Islam under their reign. Allah has granted them victory as He grants victory and success to His believing servants who obey Him and His Messenger (peace be upon him). I hope that all sinners would know how great the treasure is that they will lose and how grievous the sin is that they are committing. In fact, they are bringing forth afflictions and hardships to their nations. Allah (Exalted be He) says: And verily this (the Qur'ân) is indeed a Reminder for you (O Muhammad ﺻﻠﻰ ﺍﷲ ﻋﻠﻴﻪ ﻭ ﺳﻠﻢ) and your people (Quraish people, or your followers), and you will be questioned (about it).
It is also confirmed that the Prophet (peace be upon him) said that at the end of time, the Qur'an would be taken away from people's hearts and from Mus­hafs (Qur'an­books) when people would no longer be interested in it and when they renounce its recitation and application of its rules. I warn Muslims against this affliction that may befall them and future generations as a result of their wrong deeds. Truly! To Allah we belong and truly, to Him we shall return.
In addition, I offer this advice to Muslims who live nowadays and know the rulings of Islam and the Shari'ah and despite of all that, they seek judgment in their disputes from people who judge according to customs and traditions and use some rhyming words and sentences, thus acting like the people of Jahiliyyah (pre­ Islamic time of ignorance).
I hope that anyone who has read my advice performs Tawbah (repentance to Allah), abstains from doing these prohibited acts, seeks Forgiveness from Allah and regrets ever doing them. Muslims should advise one another to try and annul all the customs of Jahiliyyah and practices that oppose Shari'ah.
Performing Tawbah erases all the previous sins and a penitent is as sinless as one who has not committed a sin. Moreover, Muslim rulers who have subjects committing this sin should remind them of the truth and show it to them. Appointing righteous leaders leads to much goodness and Allah's servants would stop opposing the Judgments of Allah and committing His Prohibitions. Nowadays, Muslims are in dire need of their Lord's Mercy which will change their present and lift them from a life of humiliation and disgrace to a life of honor and dignity.