INTRODUCTION

I ask Allah, The Most Merciful, Lord of The Great Throne to take care and protect you in this

world and in the Hereafter, and to make you blessed wherever you be, and to make you

amongst those who are grateful when provided, those who are patient when tested and those

who repent when they fall into sin, for these are the signs of happiness. Know, may Allah guide

you to his obedience that Hanaafiyah is the religion of Ibrahim, that you worship Allah making

the religion purely and sincerely for Him.

Allah says: “I (Allah) created not the Jinn and Humans except that they should worship Me

(Alone).” (Qur’an, 51:56) so if you have acknowledge that Allah has created you for His worship

then know that the worship is not called worship unless it is accompanied by tawheed, just like

prayer cannot be called prayer (saalat) except with purification. If you recognised that when

shirk enters worship, it corrupts the worship, destroys all actions, and the doer is doomed to

eternal fire, then you will realised what the most important matter for you to learn. It is to learn

this issue of tawheed and shirk in order that Allah Ta’ala purifies you from this snare of shirk.

" Verily, Allah forgives not that partners be set up with Him [in worship] but He forgives other

than that to whom He pleases; and whoever sets up partners with Allah [in worship], he has

indeed invented an enormous wrong" (Qur'an 4:48)

The Muslim societies today are confronted with a great number of problems, verily many

people are tested in places of ignorance and its times, in matters which are major shirk while

they do not know. One of the tests with which they are tested, those who claim to be from

among the Ummah of the last Messenger of Allah, is in issue of referring disputes to the taghut

courts for judgment with their taghut laws. This has become the main characteristic of

countries that once were ruled and judged with the shariah of Allah the Most Merciful and

these taghut laws are now a basic principle of their constitutions. Beyond doubt this action is

kufr that takes its doer out of the religion of Islam unless one is coerced into it.

Today we can see that people are hurling in groups to be judged by tawagheet judges and are

not at least disturbed by their actions. In addition big numbers of those who practice outward

Islam are misguided by deviant fataawa that make tahakum to secular laws permitted under

necessity (darurah), or because there are no shariah courts and similar false or wrong excuses.

Therefore it is essential to clarify this matter to the ordinary people in order for them to rectify

their affairs and to be aware not to fall into big shirk and kufr. And to make the religion of Allah

manifest over all other false religions.

Allah says: “He it is who has sent His Messenger with guidance and the religion of truth to

make it victorious over all religion even though the ‘Mushrikun’ hate it.” (Qur’an, 61:9)

This essay is divided into ten chapters discussing the relevant themes that apply to it. I ask Allah

to show us the truth and to help us follow it, I ask Him to show us falsehood, and to help us

avoid it and help is sought only with Allah, The All-Mighty.

DEFINITION OF TAHAKUM

It is important for us first to define what is the exact description of ‘Tahakum Ila Taghut’ in

order to avoid misconceptions and to close all doors to wrong understandings of our topic. Also

we will mention in brief what does not enter under title of forbidden ‘Tahakum Ila Taghut.’

Allah says: “If you differ in anything amongst yourself, refer it to Allah and His Messenger.”

(Qur’an, 4:59) Imam Ibn Kethir said: “Mujahid and several others among the salaf said that this

verse means, ‘(refer) to the book of Allah and the sunnah of His Messenger. This is a command

from Allah that whatever areas the people dispute about, whether major or minor areas of

religion, they are required to refer to the Qur’an and Sunnah for judgment concerning their

disputes.

As Allah says in another verse “And in whatsoever you differ, the decision (hukm) thereof is

with Allah.” Therefore, whatever the book and Sunnah decide and testify to from the truth,

then it is the plain truth. What is beyond truth, save falsehood? This is why Allah says, ‘If you

believe in Allah and the Last Day.’ Meaning, refer the disputes and conflicts that arises

between you to the book of Allah and Sunnah of His messenger for Judgment. (Tafsir Ibn Kethir,

1:491) Here in commentary of Ibn Kethir we find the definition of tahakum which is referring

disputes and ignorance of all things to one’s law for judgment. Therefore intentionally seeking a

ruling from a taghut judge and resolving disputes from his taghut law even if identical to shariah

law and seeking from him any types of judgment or regulation in order to follow and/or abide

by it is big shirk in tahakum and iman in taghut according to consensus of the Ummah.

However not every standing in front of the taghut is ‘tahakum ila taghut’, there are example of

permissible means of seeking benefits and removing harms which are mistakenly regarded by

some as forbidden and ‘tahakum ila taghut’. ‘Suhl’ or settlement is one of these means which

does not come under ‘tahakum ila taghut’ and is a permitted means of securing one’s right and

avoiding harm of one’s honor and property. The definition of ‘suhl’ (settlement0 is a contract

that leads to reconciliation between the disputing parties. (Ibn Qudamah, 4:476)

In this regard it is acceptable for a ruler or his representative to advise or encourage the

disputing parties to reach a settlement. Proof that settlement is permissible are multiple from

Qur’an, Sunnah and consensus (ijmah).

Allah says: “If a wife fears cruelty or desertion from her husband, there is no blame on them if

they arrange an amicable settlement; and such settlement is best.” (Qur’an, 4:128)

Settlements can be used to resolve disputes between Muslims and ‘kufar’ (disbelievers) and in

necessity (darurah) from the taghut or his representative who can oversee and manage the

procedures and this does not come under the forbidden tahakum ila taghut. Sheikh

Muhammad Ibn Ibrahim Rahimullah said: ‘Regarding those who judge their tribes, if they do

that using ‘suhl’ (settlement) in which there is no making haram what is halal and making halal

what is haram it is correct and not forbidden. But if ‘hukm’ is involved in it then it is not valid

because it is known that tribe chiefs do not have knowledge about shariah rulings, therefore

resolving disputes infront of them is ‘ tahakum ila taghut’. (Fataawa wa rasail Sheikh

Muhammad Bin Ibrahim, 12/292)

Another description which does not enter into forbidden ‘tahakum’ is ‘tahqiqul manat’ or

establishing factual condition and is permitted under ‘darurah’ (necessity) if a Muslim cannot

remove harm from himself in other ways. What is meant by ‘tahqiqul manat’ is establishing a

factual condition. An example of this is when an insurance company inact an incident in order

to establish what in reality happened aiming to resolve a claim appropriately. Under necessity it

is allowed for a Muslim to seek it from the taghut judge or ruler, as explained above so long as

intentional seeking a ruling from a taghut judge and resolving disputes from his taghut law even

if identical to shariah law and seeking from him any types of judgment or regulation in order to

follow and/or abide by it if not occur.

As an example of permissible ‘tahqiqul manat’ we can take what happened to Ibrahim alayhi

salam when he swore an oath to plot against the idols which his people worshipped.

Allah says: “So he broke them to pieces,” (Qur’an 21:58) except the biggest of them. When his

people saw what happened to their idols they decided to determine exactly what had

occurred? They said: ‘Then bring him before eyes of the people that may testify.” Imam Ibn

Kethir rahimahullah said: “Meaning, in front of a large audience so that all people could be

present.” This similar to what transpired to Musa alayhi wa salam when he said to Firaun:

“Your appointed meeting is the day of the festival, and let the people assemble when the sun

has risen.” (Qur’an. 20:59) the intent of Ibrahim was to manifest truth and to unveil their

misguidance and to establish proof against them. He did not intend to resolve their dispute

with the law of their king (tahakum) as some wrongly assume. His people said:

They said: “Are you the one who has done this to our Gods, O Ibrahim?” He said: ‘Nay, this

one, the biggest among them did it...” (Qur’an, 21:62-63) so the purpose of this gathering was

to interrogate Ibrahim alayhi salam and to determine whether he did it and what encouraged

him to do it? Here also according to the Qurtubi rahimahullah, Ibrahim alayhi salam indirectly

admitted that he was behind what happened. Thus we can infer from this that Ibrahim wanted

to establish a ‘factual condition’ of the false Gods that his people worshiped, to prove to his

people that they are created and they cannot benefit nor harm anyone. So why then are they

worshipping them and leaving Allah who created them and what they do?

We learn that not all standing in front of the taghut come under the heading of ‘tahakum ila

taghut’ rather in some circumstances and conditions the slaves of Allah are permitted to defend

themselves. Another example of permitted ‘tahqiqul manat’ is the story of Yusuf alayhi salam

when he was in prison. Allah says regarding Yusuf:

“And he said to the one whom he knew to be saved: ‘Mention Me to your Lord,” (Qur’an,

12:42) and similar verse: “Return to your Lord and ask Him, what happened to the women

who cut their hands?” (Qur’an 12:50) Yusuf alayhi salam was using power and authority of the

taghut to take away injustice done to him to free him from prison. Yusuf wanted from the ruler

to clarify circumstances that lead him to jail, he desired to clear his honor. These are proofs that

seeking clarification and establishment of facts are not from ‘tahakum ila taghut’ because in

these mentioned examples Yusuf alayhi salam did not seek to resolve his dispute from the

taghut law nor did he seek a law to abide and follow. Rather he was only seeking clarification

and establishment of facts. This is from the mercy of Allah in order for Muslims to be able to

take away injustice from themselves but not to fall into forbidden ‘tahakum ila taghut’. Umar

radiallahu anhu said: “When Allah makes something easy you as well make it easy.” Therefore

not all dealings with a taghut judge, nor with their law enforcements is from matters that

destroy ‘asl iman’ a foundation of belief.

Another permissible action is demanding from ‘Qanun’ what ‘shariah’ Islamic law made

permissible or forbidden as long as he/she did not make permissible what is forbidden.

Therefore to demand from today’s secular law is not ‘tahakum ila taghut’ rather it can be

something which is permissible or impermissible, what is impermissible is demanding that

which is made ‘haram’ forbidden by ‘shariah’. For example if someone is demanding from the

government social security institution payments. If he was demanding payments in a way not to

follow and abide by the taghut laws which issue these social security regulations, but because

Allah made permissible for Muslim to seek wealth from a ruler. Our Prophet Muhammad

sallahu alayhi wa salam said: “Acts of begging are scratches with which a man disfigures face

unless one asks from a ruler.” (At Tirmidhi)

Also demanding to be protected from the taghut law enforcements is allowed in ‘darurah’

(necessity) unless he was demanding protection from them by upholding the secular law

himself or demanding of them to abide this law, which in this case is forbidden and ‘tahakum ila

taghut’. Abu Bakr radiallahu anhu was seeking protection from a kafir mushrik by the name Ibn

Deginne who said to Abu Bakr ‘As Sidiq’ radiallahu anhu: ‘A man like you cannot go away

neither be cast away... I will give you protection, come back and worship your lord in this city.’

(Bukhari)

TAHAKUM IS INCLUDED IN ‘ASLU DEEN’

The reasons why it is important to define whether tahakum is included into ‘aslu deen’

(fundament of all fundaments) or not, is because whatever is from ‘aslu deen’ no servant has an

excuse in ignorance and wrong interpretation ‘taweel’ regarding it. This is because ignorance

regarding Allah and His tawheed is ‘kufr’ disbelief before and after the arrival of the news

‘risalah’. The religion of Islam is the religion of all Prophets and the essence of their message is

the call towards ‘La ilaha illalah’ which is tawheed. It is the fundament of all fundaments; it is

the essence of all revealed books and the beginning and end of all their message. Ibn

Taymiyyah said: ‘Tawheed is a fundament of ‘Iman’ faith, it is statement which differentiates

between people of paradise and hell, and it is the price for heaven. Islam is not valid without it.’

(Majmuatul Fatawaa. 2:235)

The difference between it and the other pillars of Islam such a prayer and zakat is that

knowledge regarding the other four pillars of ‘iman’ (faith), however ignorance prior to the

command of them does not result in ‘kufr’ and those who reject them become ‘kufar’ for

declaring the news ‘revelation’ from Allah to be untrue. However ignorance of tawheed is ‘kufr’

after and before the coming of the revelation of Allah.

The proofs for this are multiple such Allah’s saying:

“And we have sent to every nation a Messenger (saying to his people): ‘Worship Allah Alone

and avoid the taghut.” (Qur’an 16:36)

Also the words of ‘Ar-Rahman’ the Most Merciful:

“Whoever disbelieves in taghut and believes in Allah, then he has grasped the most

trustworthy handhold that will never break.” (Qur’an, 2:256)

“Those who avoid taghut by not worshiping them and turn to Allah, for them are glad tidings,

so announce the good news to my slaves.” (Qur’an,39:17)

“And I created not the Jinn and Mankind except that they should worship Me (Alone).” Ibn

Abbas radiallahu anhu said about this ayah: ‘Except to make me the one. Meaning every time

when ‘ibadah’ (worship) is ordered, it is tawheed ordered.’ Therefore it is obligatory for every

time individual to learn tawheed and work according to its stipulations and requirements.

The other pillars of Islam are proofs and rights of ‘aslu deen’ and tawheed as it came in a hadith

of our Prophet Salallahu alayhi wa salam: ‘Shall I inform you of the head of the matters, its

pillars and its apex?’ I said certainly, O Prophet of Allah.’ He said: The head of matter is Islam

(submission) its pillar is the prayer and its apex is jihad.” (Al Tirmidhi) Ibn Rajab Al Hanbali

commented on the words, “The head of matter is Islam” saying the head of the matter is the

testimony of ‘al Iman’, meaning, ‘La ilaha illalah’ because the one who does not accept and

apply the testimony of faith, both inwardly and outwardly, has no portion of Islam whatsoever.

(Jaami al ulum wal hikam, 2:145)

Accordingly the definition of ‘aslu deen’ is absolute submission to Allah Alone and to no one

else, with worship, obedience and humility which are only for Him and this is the essence of ‘La

ilaha illalah’. What is meant is worship, absolute obedience and absolute humility to Allah

Alone with ones heart, words and deeds. From the words ‘obedience and humility’ among

other things is also meant following; ruling (hukm) and judgment (tahakum) because the word

‘ilah’ has the meaning of one who is absolutely obeyed Al Muta’u and it is solely only Allah’s

right. Sheikh Islam Ibn Taymiyyah said: ‘Islam implies submission (istislaam) to Allah Alone.

Submission to Him Alone implies worshipping Him Alone and obeying Him Alone.’ (At

Tadmuriyah, Pg 169) this means that absolute obedience to Allah is from tawheed and tahakum

and hukm are an integral part of obedience.

Allah says: “Truly, the religion (deen) with Allah is Islam.” (Qur’an, 3:19) Imam Tabari explains

the meaning of ‘deen’ (religion) as obedience and humility which has to be directed only to

Allah Alone. Therefore the rejection of big shirk in tahakum and resorting tahakum only to the

Qur’an and Sunnah is beyond doubt part of ‘aslu deen’.

Therefore a person will not be a Muslim unless he rejects big shirk in tahakum and one who

associates anything in tahakum. As explained above tahakum enters into ‘aslu deen’ which is

establishing tawheed and rejecting of whatever destroys it from ‘shirk’ (association with Allah)

and ‘tandeed’ (making equals with Allah). The three categories of tawheed are traditionally

referred to by the following titles, tawheedul ibadah, tawheedul Ruboobiyah and tawheed

Asma wa Sifat. Therefore tahakum to only the Qur’an and Sunnah is an integral part of

maintaining the unity of Allah’s worship (tawheed).

THE CONNECTION OF ALLAH’S ONENESS IN ‘HUKM’ TO TAWHEEDUL

‘IBAADAH’ (ULUHIYYAH)

Allah says: “You do not worship besides Him but only names which you have named you and

your fathers for which Allah has sent down no authority. The judgment (Hukm) is for none

but Allah. He has commanded that you worship none but Him; that is the straight religion,

but most men know not.” (Qur’an, 12:40) In this ayah Allah mentions the story of Yusuf and

how he went on calling to worship only Allah without any partners. This is tawheed of Allah and

it is directing all acts of worship to Him Alone with sincerity. In which is included ‘hukm’

judgment, “The judgment (hukm) is for none but Allah. He has commanded that you worship

none but Him” This is a proof that hukm is called ‘ibaadah’ worship, same worship in the form

of prayer ‘salah’.

Also Allah says: “They took their Rabbis and their Monks to be their Lords besides Allah and

the Messiah, son of Maryam, while they commanded to worship none but one ‘Ilah’ (deity),

none has the right to be worshiped but He.” (Qur’an, 9:31)

Why this ayah relates to Allah’s unity in worship is that mankind is commanded to absolutely

obey only Allah, this obedience is manifested in what is permitted and what is forbidden. One

way which association ‘shirk’ is commented is by obeying leaders when they commanded them

to disobey towards Allah. At- Tabari said: “Lords besides Allah...” means, as permissible that

which they permit to them of the things that Allah has forbidden for them, and they regarded

as forbidden that which they forbid to them of things which Allah has permitted for them.”

(Tafsir Tabari, 14/209) Therefore this is worship, rather it is worship, by doing what Allah

commands through lips of His Messenger salallahu alayhi wa salam.” (Tayseer Al Azeezal Al

Hameed, 543)

This matter is connected to the basics of Islam and tawheed, and whoever follows any law

other than Allah’s has taken that lawmaker as a Rabb (Lord) and associated him with Allah.

‘Tawheedul Ibaadah’ has other names such as ‘tawheed al talab wal qasd’ (tawheed with

respect to one’s goal and purpose) or ‘al tawheed al amali’ (tawheed with respect to one’s

deeds). This branch of tawheed is divided into three subcategories. Each of these subcategories

forms an essential and necessary aspect of implementing tawheed in one’s life. These three are

chracterised as: ‘Ifraad Allah bil nusuk’ (making Allah the only object of one’s ritual acts of

worship), ‘Ifraad Allah bil hukm’ (making Allah the only one in law) and ‘Ifraad Allah bil

walaayah’ (making Allah the only one in loyalties and love).

Sheikh Abdulmajid As Shazili connected the pillar of ‘hukm’ with tawheedul ibadah in the

following manner; ‘It is the explanation of Islam because Islam is ‘Istislam’ full submission which

will not happen unless the rules are fully accepted. Thus who submits oneself to Allah and to

other than Allah is a ‘Mushrik’. One who rejects Allah’s command is a ‘Mustakbir’ arrogant;

each of them is ‘kafir’. In general Islam is ‘tawheedul ibaadah’ which is the religion that Allah

only except from the first and the last generations.

Texts from Qur’an and Sunnah points towards it from different aspects:

A) From the aspect that Islam is the religion of all Prophets and from the aspect that Islam

means tawheedul ibadah which is the religion of all prophets.

B) It enters into the meaning ‘ibaadah’ because ‘ibaadah’ (worship) is love, fear, hope, extolling

and obedience. The proof here is ‘obedience’

C) From the aspect of its existence by making Allah one in what only belongs to Him (Allah):

“Shall I seek a judge (hakim) other than Allah” (Qur’an, 6:114)

D) Mutawatir texts which clearly point to kufr of one who does in opposition to it.

E) “The command that is not late (nor postponed) rather it is a fundament of what they called

from tawheed.” (Haddul Islam wa Haqiqatul Iman, Pg 176-177)

TAHAKUM’S CONNECTION TO ‘TAWHEED AR RUBOOBIYAH’

Allah says: “Surely, His is the creation and commandment, blessed is Allah, and Exalted High

above all that they associate.” (Qur’an, 28:68) Just as the power of creation belongs exclusively

to Allah, so too does the power of command belongs exclusively to Allah. The command refers

to shariah and it has an exclusive right to only be referred to for judgment. Al Baghawi said; “His

is the creation because he created them, and His is the commandment to command His

creation as He wills.” (Tafsir Al Baghawi, 3:286)

TAHAKUM’S CONNECTION TO TAWHEED ‘ASMA WA SIFAAT’

Allah has the most beautiful names and the most significant of His names are ‘Al Hakam’, ‘Al

Haakim’ and ‘Al Hakeem’. Allah says:

“Shall I seek a judge (Hakam) other than Allah while it is He who has sent down unto you the

book explained in detail.” (Qur’an, 6:114) Al Khatabi said: “A Hakam means AL Haakim. The

true meaning is the one to whom rulings are submitted and to whom all matters are referred,

as in the verse “His is decision, and to Him you will be returned.”

Sheikhul Islam Ibn Taymiyyah said: “Allah is the judge who judges between His slaves; the

decision belongs to Him Alone. Allah revealed the books and sent messengers to judge between

them.” Therefore, His name Al Hakam necessitates that all disputes return to Him, meaning to

the Qur’an and Sunnah. The implications of this name require that we do not allow anyone to

share in such a title or an authority over His slaves. Therefore, it is a mirror of tawheed to that

of Uluhiyyah, which says that He is Allah. Its mirror image in relation to tawheed of names and

attributes is that he is ‘Al Hakam’, so we come to ‘tawheed al haakamiyyah’. Thus, there must

not be any doubt that establishment of tawheed of Allah in Hukm and tahakum is a pillar of the

pillars of tawheed and as a result ‘aslu deen’.

TEXTS WHICH PROVE THAT IT IS OBLIGATORY TO REFER ONLY TO THE

LAWS OF ALLAH FOR JUDGMENT

Allah says: “Mankind were one community and Allah sent Prophets with glad tidings and

warnings, and with them He sent the scriptures in truth to judge between people in matters

wherein they differed. And only those to whom (the sripture) was given differed concerning it

after clear proofs had come unto them through hatred, one to another. Then Allah by His

leave guided those who believed to the truth of that wherein they differed. And Allah guides

whom He wills to a straight path.” (Qur’an, 2:213)

The relevant point here is the fact that every Prophet was sent to His people and there was sent

down with him a book so that all disputes in small and big matters are referred to him so that

he might judge between them in what they differ. In other words it is obligatory to seek ruling

only from Allah’s law and the removal of ignorance.

“Say (O Muhammad to mankind): ‘If you love Allah then follow me, Allah will love you and

forgive you your sins. And Allah is oft-forgiving, most Merciful. Say: ‘Obey Allah and the

messenger.’ But if they turn away, then Allah does not like the disbelievers.”

(Qur’an, 3:31-32)

Imam Ibn Kathir said commenting on the second verse: “Obey Allah and the Messenger. But if

they turn away, then Allah does not like the disbelievers.” This indicates that going against his

way is kufr, and Allah does not like anyone who is described as such, even if he claims to love

Allah and thinks that he is drawing closer to Him, unless he follows the Messenger, the

unlettered Prophet, the seal of the Messengers, the Messenger of Allah to the two races of Jinn

and Mankind, who, if the Prophets and even the Messengers of strong will had been alive

during his time, they would have had no choice but to follow him and obey him and his laws.”

(Ibn Kathir, 3:25)

The relevant point here is the fact that Ibn Kathir said that, “This indicates that going against his

way is kufr”, meaning that in this case one who makes permissible ‘tahakum ila taghut’ or one

who does it, is not of the Prophets ‘way’ (tariqah) because it is obligatory only to obey and

follow his shariah. One who allows ‘tahakum ila taghut’ or one who performs it without

‘shubha’ doubt of ‘ikrah’ compulsion is not only absolutely dis-obeying Allah but is a kafir.

Imam Tabari said commenting on the verse: “Did I not command for you, O children of Adam,

that you should not worship Satan. Verily, he is a plain enemy to you. And that you should

worship Me (Alone). That is the straight path.” (Qur’an, 36:60) ‘Did not I order you and advise

you that you should worship only Me not other false Gods and rivals (Endad) and to only obey

Me because ‘ikhlas sincerity in worship to Me and making Me one in obedience, and to destroy

the devil is the right religion and the straight path.”

Look how Imam Tabari clearly states that one who did not establish tawheed of following and

obedience to Allah and His religion, then such a person did not perform ‘kufr’ in taghut of

tahakum and also did not perform ‘kufr’ in him (taghut) because he was following and obeying

him absolutely. Whoever absolutely follows and obeys the taghut even in one matter by

disobeying Allah and the Messenger Muhammad is a mushrik-kafir. Such an act enters into

worshiping shaytan which mentioned in the verse that was commented on by Imam Tabari.

Therefore ‘tahakum’ to Qur’an and Sunnah is making unity of obedience and following to Allah

(only) and His Messenger Muhammad salallahu alayhi wa salam. Ibn Qayyim commented on

the words of Prophet, “He has tasted the savior of faith who is content with Allah as his ‘Rabb’

(Lord), Islam as his religion and Muhammad as his Messenger,” and “Whoever says, when he

hears the call, ‘I bear witness that there is no one worthy of worship except Allah... and I am

content with Allah..” with regard to being content with his prophet and Messenger, implies

following Him in a complete sense and submitting to Him absolutely..., referring for ‘tahakum’

(judgment) to no one but Him, not accepting the judgment of anyone but Him, not accepting

judgment of anyone else at all..” (Madaarij As Saalikin, 2:172) Following and obeying the

Prophet is following the shariah of Allah and obedience to Allah.

“Surely, We have sent down to you the book (this Qur’an) in truth, that you might judge

between men by that which Allah has shown you (taught through revelation), so be not a

pleader for the treacherous.” (Qur’an, 4:105)

If Allah commanded His Messenger to judge by that which Allah had revealed then this

command is even more binding on others. Command to judge only with shariah is command to

all to be judge only by shariah in all circumstances and places. It is one of the main purpose for

which the book was revealed.

“Shall I seek a judge (Hakam) other than Allah while it is He who sent down the unto you the

book (Qur’an), explained in detail. Those unto whom we gave the scripture the taurat (Torah)

and the Injeel (Gospel) know that it is revealed from your Lord in truth. So be not you of

those who doubt.” (Qur’an, 6:114)

Al Khataabi said: “A ‘Hakam’ means Al Haakim. The true meaning is the one who m rulings are

submitted and to whom all matters are referred, as in the verse “His is the decision, and to him

you will be returned.” Therefore His name ‘Al Hakam’ necessitates that all disputes return to

Him, meaning to the Qur’an and Sunnah. Qurtubi said: “The meaning of: “Shall I seek someone

other than Allah as a judge for you, when He is the one who has taken care of the issue in the

verse that have been revealed from the clear book? Here ‘Al Hakam’ is more emphatic that ‘Al

Haakim’, so no one deserves to be called Hakam except one who judges according to the truth,

because it is an attribute of veneration and praise, whereas ‘Al Haakim’ simply refers to an

action, so one who judges according to something other than the truth may also be described

as such.” (Tafsir Qurtubi, 7:70)

Allah says: “And He shares not His ‘Hukm’ (rule and legislation) with anyone.”

(Qur’an, Kahf: 26) Meaning to make tawheed to Allah by referring only all your disputes to His

shariah. Our Prophet Salallahu alayhi wa salam said: “Verily, Allah is the judge ‘Al Hakam’ and to

Him is the rule. Why do they call you ‘Abu Al Hakam’? (Abu Dawud) meaning, shall I take others

than Allah as a judge by the heart, words or deeds in declarations or in practical rules, when

Allah is All-Knowing and All-Wise. There is no one worthy in worship, following, obedience,

Hukm and tahakum except Allah who does not have helper, associate and none can intercede

without His permission and satisfaction. The word ‘Ebtegi’ in the ayah, which is translated here

as ‘seek’ has the meaning of seeking judgment ‘tahakum’ with ones heart, speech and limbs.

“Have you not seen those who have been given a portion of the scripture? They are being

invited to the book of Allah to settle their dispute, then a party of them turns away, and they

are averse. This is because they say: ‘The fire shall not touch us for a number of days’. And

that which they used to invent regarding their religion has deceived them.” (Qur’an, 3:23-24)

Imam Tabari narrated that Qatadah said concerning this verse: “These are the enemies of Allah,

the Jews, who were called to the book of Allah to settle their dispute, and to His Prophet to

judge amongst them, mentioned of whom they found written in the Tawraat and Injeel, but

they turned away from Him and were averse.” (Tafsir Tabari, 6:290) Also he said, “..That to

which they were called to settle their dispute was something to which it was obligatory for

them to respond according to their own religion, and they refused to do so. So Allah tells us

that they were apostates who had rejected what was in their own book..” that means that by

turning away from settling disputes to their books was cause of rejecting Musa and his message

and it was an addition of ‘kufr’ to their original ‘kufr’ that they were upon. The relevant point

here is that it is obligatory to refer all disputes to the book of Allah and that turning away from

the truth is a known matter deserving the punishment of Allah in the life and next. It is an

action of not rejecting the cause of big shirks in ‘tahakum’ and it is clear ‘kufr’ (disbelief) in

Allah, the All-Mighty.

‘O you who believe! Obey Allah and obey the Messenger, and those of you (Muslims) who are

in authority. (And) If you differ in anything amongst yourselves, refer it to Allah and His

Messenger, if you believe in Allah and the Last Day. That is better and more suitable for a

final determination. Have you seen those 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

judgment (yatahakumu) to the taghut (false judges) while they have been ordered to reject

(yakfuru) them. But Shaytan wishes to lead them far astray”. (Qur’an, 4:59-60)

The decision belongs to Allah Alone, and His Messengers conveyed that from Him (Allah). Their

ruling is His ruling, and their command is His command; obeying them means obeying Allah.

Whatever the Messenger rules or commands them to do or prescribes in the religion it is

obligatory upon all people to follow that and to obey Him and to seek only from Him tahakum.

Sheikh As Sa’di said: “The religion is based on the book of Allah and the Sunnah of His

Messenger; and the belief cannot be sound (Jastaqim) without them. Referring to them both is

a condition of faith ‘Iman’. Hence Allah says: “If you believe in Allah and in the Last Day...” This

indicates that whoever does not refer to them both (Qur’an, Sunnah) in the disputed matters is

not a believer, rather he is a believer in taghut as is mentioned in the following verse.” (Tafsir

Sa’di, 1:362)

Imam Ibn Kathir said: “Allah says ‘If you believe in Allah and the Last Day’, meaning refer all

disputes or unknown matters (ignorance) to the book of Allah and the Sunnah of His

Messenger, and seek judgment from them regarding the matters in which you dispute, ‘If you

believe in Allah and the Last Day...” This indicates that whoever does not refer for judgment

concerning the disputed matters to the Qur’an and Sunnah is not a believer in Allah and the

Last Day.” (Tafsir Ibn Kathir, 1:518)

After it is made clear that it is obligatory to refer all disputes to the Qur’an and Sunnah and that

it is condition of ‘iman’. In the following verse Allah makes it clear that seeking judgment from

other than the Qur’an and Sunnah is ‘iman’ in taghut: “And they wish to go for judgment

(yatahakumu) to the taghut (false judges) while they have been ordered to reject (yakfuru)

them.” And whoever does not rule and judge according to ‘shariah’ is a ‘taghut’. Sheikhul Islam

Muhammad Ibn Abdulwahhab said: “The ‘deen’ Islam is not valid except with rejection of all

tawagheet that are worshiped instead of Allah, and making takfeer of them. As Allah says:

“Whoever disbelieves in the taghut and believes in Allah, then he has grasped the most trust

worthy handhold that will never break”. (Ed Dureru Es Seniyye, 10/53)

Referring to Allah (only) for judgment are among the implications of the testimony (shahadah)

‘that there is no one worthy of worship except Allah’, with no partner or associate, and that

Muhammad is His slave and Messenger. The words of Allah, ‘Those who claim that they

believe’, means, if they believe in Allah and the Last day they would never want to refer for

judgment to anyone other than Allah and His Messenger. This indicates that they were claiming

to be believers but they show with their deeds to be liars.

Ibn Qayyim rahimahullah said concerning the definition of taghut: “It is all behaviour through

which the worshiper exceeded his limits concerning worshiping, being followed and obeyed”,

thus everyone who resorted for judgment to other than Allah and His Messenger, then he has

resorted to the taghut whom Allah has commanded His believing servants to reject, since

resorting for judgment is only to the Holy Book of Allah and the Sunnah of His noble Messenger

legislated and put Him (the secular judge) in a position which he does not deserve...” (Fathul

Majid Sharh Kitabul Tawheed, Pg 344)

Also Sheikh Abdur Rahman Ibn Hasan rahimahumullah said regarding the words of ‘Ar Rahman’:

“But Shaytan wishes to lead them far astray” referring to the judgment of taghut concerning

that which the shaytan commands and beautifies for those who obey him, and Allah shows that

it (tahakum ila taghut) is among the misguidance of the shaytan, that shows that such

misguidance is among the most serious of misguidance and the furthest from the right path.

There are four issued in this verse: The first, it is shaytans desire, the second, it is misguidance,

the third, confirming it (masdar), and the fourth, describe it as far from the right path and

truth.” (Fathul Majid Sharh Kitabul Tawheed, Pg 344-345)

“But no, by your Lord, they can no faith, until they make you judge (Yahakimuka) in all

disputes between them, and find in themselves no resistance against your decisions, and

accept (them) with full submission” (Qur’an, 4:65)

The term ‘tahkim’ which is used in this verse regarding Islam and has the meaning ‘to take

someone as a judge or something as law’. The inexistence of any resistance and uneasiness in

the heart are from the conditions of ‘iman’ faith because when Islam and ‘iman’ are mentioned

together, iman encompasses the heart and Islam encompasses the deeds and the existence of

full submission are from ‘ihsan’. Sheikh As Sa’di said: “Then Allah swears with His noble being

that they will not believe until they take His Prophet as a judge in that which they differ,

meaning in everything which disagreement occurs, opposite in matters of consensus, because

they do not occur unless they have a foundation from Qur’an and Sunnah. Then ‘tahkim’ is not

allowed until resistance and unease disappears and until they take him for a judge in full

humility. Then it is not allowed until they submit to Him fully in His judgment and work

according to it inwardly and outwardly. Therefore ‘tahkim’ is in place of Islam, disappearance of

resistance is in place of iman and full submission is in place of ‘ihsan’. Those who fulfill all of it

have fulfilled all levels of religion (deen). So who leaves the mentioned ‘tahkim’ by not holding

to it (gajr multazim) is a ‘kafir’ but who leaves it with holding to it (multazim) is a sinner similar

to the sinners like him.” (Tafsir As Sa’di, Pg 173)

The explanation of the verse and what is wanted with ‘tahkim with the Prophet’ is making Allah

one (tawheedullah) in ‘tahakum’. ‘Tahkim’ with the Prophet is ‘ibaadah’ worship, that type of

worship according to the Qur’an makes it tawheed. ‘Iltizam’ holding to ‘tahkim’ of the Prophet

is destroyed with absolute leaving or with big shirk either inward or outward, whether one took

the law of the taghut as his religion or not. Absolutely leaving it 9tahakum) is therefore ‘kufr’

and it is the ‘kufr’ of turning away, ‘kufr’ of avoiding and ‘kufr’ of arrogance.

Imam Tabari commented on this verse; “What Allah meant when He said, “But no” the matter

is not as they claim, when they say that they believe in that which has been revealed to you,

but they refer for judgment to taghut, and they turn away from you when they are called to

come to you, O Muhammad. “They can have no ‘iman’ faith. Means, they do not truly believe in

me, in you and in that which was revealed to you, “Until they make judge in all disputes

between them.” Means, until they make you the judge between them concerning matters of

which they are not certain and so they are confused about the ruling.” (Tabari, 8:518)

Sheikhul Islam Ibn Qayyim said regarding this verse: “The obligation of referring to him for

judgment did not come to an end when he died; it applies after his death just as it applied

during his lifetime. Referring to him for judgment is not something that applies only to practical

matters and not to theoretical matters, as the heretics say. Allah begins this verse with an oath

which confirms the negation which precedes it, and He swears that they do not have faith until

they refer for judgment to the Messenger of Allah in all matters concerning which they dispute,

whether they are major or minor issues or religion, basic principles or otherwise. This is not

sufficient, however, until there is no ‘haraj’ (resistance, uneasiness) concerning the ruling, and

until their hearts are open to accepting the ruling in such a manner that there is no longer any

unease, and they submit to Him completely, meaning, following His ruling.” (Tafsir Al Aziz Al

Hamid, Pg 562-63)

Ibn Kathir said: “Allah swears by His holly and divine self that no one believes until he makes

the Messenger judge of all His affairs. So whatever He rules is the truth which must be followed

both inwardly and outwardly”. (Tafsir Ibn Kathir, 1:520)

This verse is clear in meaning and unambiguous in its wording that obedience to Allah and His

Messenger and referring all disputes to Him and His Messenger is one of the pillars of ‘tawheed

ibaadah’ and a condition of ‘iman’. Today those who are claiming to be the followers of Islam

must refer all their disputes to the Qur’an and Sunnah and they must reject secular courts and

stay away from seeking judgment from the taghut regarding all disputes between them. If they

do not submit then they are subject to the stern warning indicated by the verse, which is that

they are not believers.

‘TAHAKUM’ IS ‘IBAADAH’ WORSHIP

The term ‘ibaadah’ worship has different definitions according to the shariah and all these

definitions mean the same thing. Some of the definitions of the term made by ‘Ulama’ scholars

are as follows. Sheikhul Islam Ibn Taymiyyah said: “It (worship) is a comprehensive noun for

what Allah loves and is pleased with of statements and actions, both apparent and hidden.”

What is meant by the statement is that the statement of heart and tongue and with actions is

meant the actions of the heart and limbs. Ibn Qayyim said: “Ibaadah is the tawheed of love.

Therefore the heart and other organs must submit down to Allah as a result.” Commenting on

the words of Ibn Qayyim Sheikh Abu Batin rahimahumullah said: “As seen, Ibn Qayyim

described the term ‘ibaadah’ as tawheed of love as a total submission by the limbs. Anyone

who loves something and bows to it will become, with his heart, a slave of that object. Or else

love without reverence and bowing down or reverence without love cannot be called worship.”

As Ibn Taymiyyah said: “The ibaadah that has been enjoyed (upon us) encompasses the

meaning of submission to Allah through the utmost degree of love to Him. Thus love which

does not contain submission and submission which does not contain love are not worship

rather worship is only that which contains both things.” Then he said: “One who submits to a

person whilst possessing hatred for him is not a slave of him and if he was to love someone and

at the same time does not submit to him, he is likewise not a slave of him, as is the case of a

man who loves his child and friend.” Therefore absolute love and absolute submission and

humility necessitate a category of practical servitude and worship ‘ibaadah’ to Allah All-Mighty

Alone.

Allah says: “You do not worship besides Him but only names which you have named 9forged),

you and your fathers, for which Allah has sent down no authority. The command (or

judgment) is for none but Allah. He has commanded that you worship none but Him, that is

the straight religion, but most men know not.” (Qur’an, 12:40) In this verse it is indicated that

‘tahakum’ is worship ‘ibaadah’, and it is the ‘ibaadah’ of the limbs such as prayer or the

slaughter of sacrificial animal. By ‘ibaadah’ of the limbs meaning practically, it is that which has

to do with physical actions it would be contrary to ‘tawakul’ (reliance) to Allah (alone) which is

worship of the heart only.

Ibn Abbas narrated that when the Messenger of Allah got up at night to offer the qiyamul al

layl, he used to supplicate: “O Allah! All praises for You, You are the light of the heavens and

earth and what is in them, and all praised are for You. Your are the keeper of the heavens and

the earth and whatever is in them and all praises are for You. You are the Haqq, and Your

promise is Haqq and Your sayings are Haqq, and the meeting with You is Haqq and jannah is

Haqq and jahannam is Haqq, and the Hour is Haqq, and the Anbiya are Haqq and Muhammad is

Haqq. O Allah I submit myself to you, and I depend on You and I believe in you and I turn in

repentance to You, and in Your cause I fight, and with Your judgment I rule (hakamtu), so please

forgive my past and future sins and whatever I have done in secret, and whatever I have done

in public. You are the one who makes things go before and You are the one who delays them.

None has the right to be worshiped but You”. (Bukhari)

Ibn Qayyim rahimahumullah stated that in this hadith, the Messenger of Allah salallahu alayhi

was salam, supplicated, praised, and asked Allah for forgiveness. Ibn Qayyim mentioned three

things in this supplication: tawakul (reliance on Allah), inabah (turning in repentance to Allah)

and tahakum (judging). And this is clear evidence that the act of tahakum is an act of worship,

just like tawakul and inabah are.” (A Madariju Saalikin, 32:1)

From the definitions above we infer that tahakum is ;ibaadah’ because Allah loves it and is

pleased with it and he swears by His Holly and Divine self that no one believes until he makes

the Messenger judge of all his affairs. So whatever he rules is the truth which must be followed

both inwardly and outwardly.

Allah ordered it and made it a condition of belief hence Allah says: “If you believe in Allah and

in the Last Day...” This indicates that whoever does not refer to them both in any dispute

matters is not a believer. Allah commanded the Prophet Muhammad to judge only with what

Allah has revealed to him. Allah says: “Surely, We have sent down to you the book (this

Qur’an) in truth that you might judge between men by that which Allah has shown you

(taught you revelation), so be not a pleader for the treacherous.” (Qur’an, 4:105) And an order

to the Prophet is an order to all his followers. Therefore tahakum is worship ‘ibaadah’ because

Allah loves it, is pleased with it and He orders His slaves to direct it only to His book and Sunnah

of His Messenger. It is explained in the previous chapters that tahakum is connected to

‘tawheedul ibaadah’ and as such there is consensus of all believers that tahakum is worship.

Allah says: “And I created not the Jinn and Mankind except to worship Me (Alone).” (Qur’an,

51:56) The meaning of ‘worship Me’ is make tawheed to Me. Tawheed in worship is allocating

all kinds of ‘ibaadah’ which have been prescribed by shariah to Allah Alone. Ibn Abbas said:

“The meaning of all statements in the Qur’an in the reference to worship is tawheed. And this is

the call that all the Messengers have called upon and the mushrik (society) kept away from

accepting it.” Sheikh Muhammad Ibn Abdulwahhab said: “Tawheed must exist and he

manifested with the heart, and tongue and outer deeds. If one of these matters is missing, a

person will not be a Muslim.” (Kashful Shubuhat) Worship has to be directed only to Allah

‘sarful ibadati lillah’ and directing any category or singular act of worship to other than Allah is

termed by Allah as act of big shirk and worshiping other ‘Gods’ besides Allah. Thus it is in

essence opposite to tawheed of Allah and it destroys it.

Therefore as a result of discussion ‘ibaadah’ worship in Islam implies ‘tawheed’ (Oneness of

Allah) in worship thus tawheed is meant with obedience, following, ‘hukm’ and tahakum

because they are included into worship. Tawheed exist with words and deeds, words of the

heart and tongue, and deeds of the heart and limbs. With tahakum tawheed is desired inwardly

and outwardly therefore tawheed of tahakum is destroyed withe the absolute leaving of it and

commiting big shirk and they can happen with the heart, words and deeds. Absolutely leaving it

is ‘kufr’ of turning away, ‘kufr’ of avoiding and ‘kufr’ of arrogance. Directing tahakum which is

worship to other than the book of Allah and Sunnah of His Messenger is big shirk. Directing

worship of ‘tahakum’ to other than ‘shariah’ negates the first pillar of the testimony which is a

negation of ‘la ilaha’ (none is worthy of worship) and absolute leaving ‘tahakum’ negates the

second pillar of the testimony which is the affirmation ‘il Allah’ (except Allah).

Imam Abdur Rahman Ibn Hasan said: “The Imams from the salaf and halaf and all the followers

from Ahl Sunnah Wal Jammah have consensus (ijmah) that a person will not be Muslim except

if he leaves shirk, if he rejects it and the one who does it. To hate them, to express his enmity

towards them according to his capabilities with sincerity towards Allah in all his deeds, as it

came in a hadith of Muaz Ibn Jabal radiallahu anhu: “The right (Haqq) of Allah is to be

worshiped alone and not to be associated with Him anything”. (Ed Dureru Es Seniyye, 11:545)

Here Sheikh Abdur Rahman Ibn Hasan Alu Sheikh Rahimahumullah explained the testimony of

faith its negation and affirmation part when he said: “If he leaves shirk, if he rejects it and the

one who does it. To hate them is a negation part of the testimony and his words: “With

sincerity towards Allah in all his deeds’ is the affirmation part of the testimony of faith (La ilaha

illalah) as Allah says: “The judgment (hukm) is for none but Allah. He has commanded that you

worship none but Him, that is the straight religion, but most men know not.” (Qur’an, 12:40)

and whoever disbelieves in taghut and believes in Allah, then he has grasped the most

trustworthy handhold that will never break.” (Qur’an, 2:256) and “And We have sent to every

nation a Messenger (saying to his people): ‘Worship Allah alone and avoid the taghut’.

(Qur’an, 16:36) All these verses have the meaning of the testimony of faith (shahadah). Our

Sheikh Abu Muhammad Al Bosni hafizahullah said: “The heads of those who have destroyed the

practical tawheed are three kinds of tawagheet. They took for themselves this unique right that

only belongs to Allah the Exalted. The right that only He is worshiped, the right that only He is

taken for as judge and the right that only His command is followed and the right to obey only

His command. They are a taghut of worship, a taghut of following and obedience and a taghut

of ‘hukm’. Followed by those who worship them with rituals, supplications, and obedience and

following, hukm and tahakum.” (Tahakum and the position of takfeer in deenu Islam, 1:138)

A witness for these words is an explanation of the famous statement of Sheikhul Islam Ibn

Qayyim rahimahullah from Imam Abdur Rahman Ibn Hasan: “Concerning the definition of the

taghut, it is all behaviour through which the worshiper exceed his limits concerning the one

worshiped, followed and obeyed, thus everyone who resorted for judgment to other than Allah

and His Messenger then he has resorted to the taghut whom Allah has commanded His

believing servants to reject, since resorting for judgment is only judge by resorting only to

them. Thus he who refers for judgment to others, has exceeded his limits and dropped what

Allah and His messenger legislated and put him (taghut, secular judge) in a position which he

does not deserve.” (Fathul Sharh Kitabul Tawheed, Pg 344)

THE TEXTS WHICH PROVE THAT ‘TAHAKUM’ TO OTHER THAN THE

QUR’AN AND SUNNAH IS AN ACT OF BIG SHIRK AND CLEAR KUFR

The first proof that ‘tahakum’ to other than Allah and His Messenger is an act of big shirks and

clear kufr is the evidence from the ‘ijmah’ consensus. I have brought this proof first so that its

not thought that the issue of ‘tahakum’ is one of ‘ijtihad’ when there are clear texts from

Qur’an and Sunnah of the Prophet salallahu alayhi wa salam. Even though this is not necessary

because we have established before in one of the previous chapters that ‘tahakum’ is included

into ‘aslu deen’ and one of the characteristics of ‘aslu deen’ is that it cannot be arrogated and

‘ijtihad’ does not have a place in it.

Abu Hamid Al Ghazali rahimahullah said: “Then the first thing he looks for is the ‘ijmah’. So, if

he finds an ‘ijmah’ in an issue, he will leave off looking in the book and the Sunnah. That is

because they both accept abrogation while ‘ijmah’ does not accept it. ‘Ijmah’ upon something

that is against what is in the book and the Sunnah is a clear-cut proof of abrogation, hence, the

Ummah will not gather upon an error”. (Al Mustafa, 2:392) After noting these brief but

important points, we will present the narrations of the consensus from some of the Imams of

the Muslims concerning this matter:

Sheikhul Islam Ibn Taymiyyah rahimahullah said: “When a person regards as permissible

something which is agreed by consensus to be forbidden, or he regards as forbidden something

which is agreed by consensus to be permitted, or he alters a ruling of shariah which is agreed

upon by consensus, then he is a kafir according to the consensus of the scholars.” (Al Fataawa,

83:267)

He also said: “It is also known that whoever disregards the commands and prohibitions with

which Allah sent His Messengers is a kafir according to the consensus of the Muslims, Jews, and

Christians.” (Al Fataawa, 8:106)

Imam Ibn Qayyim rahimahumullah said: “It is stated in the Qur’an and in sound reports of

scholarly consensus that the religion of Islam abrogates all religions which came before it, and

that whoever adheres to that which is the tawraat (torah) and ‘Injeel’ (gospel), and does not

follow the Qur’an is a kafir.” (Ahkaam Ahl Adh Dhimmah, 1:259)

Revealed to Muhammad Ibn Abdullah, the seal of the Prophets, and takes the judgment of

other than it from the laws of the disbelievers which are abrogated, he has disbelieved. So what

about the one who takes the ruling (hukm) to the yasiq and puts it before it?! Whoever does

that, he has disbelieved according to the consensus (ijmah) of the Muslims”. (Imam Ibn Kathir:

Al Bidayah wa Nihayah, 13:119)

Mahmud Shakir rahimahumullah said: “Those who bring about a new legislation of laws upon

the people of Islam and ruling (judging) with the ‘hukm’ of other than what Allah sent down in

His book or upon the tongue of His salallahu alayhi wa salam. This action is turning away from

hukm of Allah, being displeased with his religion and being influenced by the laws of the people

of ‘kufr’ instead of the laws of Allah. This is ‘kufr’ that there is no doubt about from the people

of the ‘qiblah’ in declaring takfeer upon the one who says it, does it or calls to it...” (Umdat At-

Tafsir Ibn Kathir, 4:157)

These are reports from the scholars’ consensus that the one who refers to something other

than the Qur’an and Sunnah is a mushrik and if the proof is established against him is a kafir.

The modern secular laws of the western and Arab countries are a more extreme form of kufr

than the yasiq of the tartars, thus the ruling of big shirk and kufr is even more applicable in this

case.

Scholars of Islam unanimously agree that expressions of ‘shirk’ and ‘kufr’ when used in the

Qur’an and Sunnah in an unrestricted absolute manner have the meaning of big shirk and kufr

that takes a person out of Islam. It is not allowed to leave its literal meaning in favour of a

smaller shirk or ‘kufr dune kufr’ being disbelief that does not take a person out of Islam except

with a valid shariah proof. Also it is important to mention that there is no difference between

shirk in ‘hukm’ ad shirk in the rituals (worship), nowhere in the Qur’an Allah makes a distinction

between the two of them.

In his commentary on the Qur’an Imam Al Shanqeti rahimahullah wrote, “Associating partners

with Allah with respect to His ‘hukm’ and associating partner with Him is worship are one and

the same thing. There is no difference between them whatsoever. Whoever follows a system or

way of life other than Allah’s or a legal system other than Allah’s... is like one who worships an

idol or prostrates to a false God. There is no difference between the two of them in any aspect

whatsoever. They are one and the same thing. They are both associating (shirk) with Allah.” (Al

Haakamiyyah Fi Tafsir Adwa Al Bayan, Pg 53)

It was in previous chapters asserted that tahakum to Allah and His Messenger is worship and as

such is contained in the meaning of the tawheed. Therefore if ‘tahakum’ is directed towards the

taghut (secular judge) it becomes worship of that taghut and belief in him. The definition of big

shirk is ascribing a partner to Allah in terms of His Ruboobiyah (Lordship) and His Uluhiyyah

(Divinity). In our case directing ‘tahakum’ to other than Allah and His Messenger makes the

taghut resemble with Allah in terms of the attributes of ‘Uluhiyyah’ divinity, for he does it

ascribes a partner to Allah, he resembles the taghut with Allah the Exalted, the All-Mighty. Thus

he, who refers for judgment to others, has exceeded his limits and dropped what Allah and His

Messenger legislated and put him (taghut, secular judge) in a position which he does not

deserve.

Allah says: “Do not set up equals (al andad) unto Allah while you know”. (Qur’an, 2:22) When

directing ‘tahakum’ to the taghut it is making the taghut in ‘hukm’ and ‘tahakum’ equal with

Allah which is the gravest injustice. Allah says: “Verily, the shirk gross injustice (zulm).”

(Qur’an, 31:13) Injustice signifies putting a thing in a wrong place. Thus, he who directs worship

of ‘tahakum’ to other than Allah has elevated the taghut to a place he does not deserve and has

given the solely right (Haqq) of Allah to him. It is narrated that Muadh Ibn Jabal radiallahu anhu

said: “The right of Allah upon His slaves is to worship Him Alone and never associate anything

with Him.” (Bukhari and Muslim) When directing ‘tahakum’ to other than Allah, a person gives

the right of Allah that only He is the only Judge and that His command is followed and the right

to obey His command to the taghut.

Ibn Kathir said commenting on the verse: “Obey Allah and the Messenger. But if they turn

away, then Allah does not like the disbelievers”. This indicates that going against His way is

kufr, meaning that the one who makes permissible ‘tahakum ila taghut’ or the one who does it,

is not on the Prophets ‘way’ (tariqah) because it is obligatory only to obey and follow His

shariah and the one who allows ‘tahakum ila taghut’ or the one who performs it without

‘shubha’ doubt or ‘ikrah’ compulsion is not only absolutely disobeying Allah but is also

disobeying His Messenger Muhammad sallahu alayhi wa salam in ‘tahakum’.

Imam Tabari said commenting on the verse: “Did I not command you, O children of Adam, that

you should not worship Shaytan. Verily, he is a plain enemy to you. And that you should

worship Me (Alone), that is the straight path”. (Qur’an, 36:60) Did not I order you and Advise

you that only you worship Me and not other false Gods and rivals (endad) and to only obey Me

because ‘ikhlas’ sincerity in worship to me and making Me one in obedience, and disobedience

to devil is the right religion and straight path.” Look here how Imam Tabari clearly states that

the one who did not establish tawheed of following and obedience to Allah and His religion did

not perform ‘kufr’ in taghut of tahakum and did not perform ‘kufr’ in him (taghut) because he

was following and obeying Him absolutely. Who absolutely follows and obeys the taghut even

in one matter is a mushrik-kafir because it enters into worshiping shaytan which is mentioned

in the verse that was commented on by Imam Tabari. Therefore ‘tahakum’ to the Qur’an and

Sunnah is making Allah one in obedience (tawheed) and following Allah and His Messenger

Muhammad salallahu alayhi wa salam.

“And if you differ in anything amongst yourself, refer it to Allah and His Messenger, if you

believe in Allah and in the Last Day”. (Qur’an, 4:59)

Allah says: “If you believe in Allah and the Last Day”. This refers to the disputes and conflicts

that arise between you to the book of Allah and the Sunnah of His Messenger for judgment.

Therefore intentionally seeking a ruling from a taghut judge and resolving disputes from his

taghut laws even if it were identical to shariah law, and seeking from him any types of judgment

or regulations in order to follow and/or abide by it is a negation of Iman in Allah and the Last

Day. Thus, if such a person is not a believer in Allah then by necessity he has to be a believer in

the taghut and his worshipper. Sheikh Abdul Latif Bin Abdur Rahman rahimahumullah said:

“Islam and shirk are contradictory terms which never unite or lift each other up”. (Minhaj At

Ta’sees, Pg 12) Therefore the necessary outcome of shirk in tahakum is the leaving of tawheed.

“You have seen those who claim that they believe in that which has been sent down to you,

and that which was sent down to you, and they wish to go for judgment (yatahakumu) to the

taghut (false judges) while they have been ordered to reject (yakfuru) them. But Shaytan

wishes to lead them far astray”. (Qur’an, 4:59-60)

In this verse Allah reminds His slaves that He has ordered them to disbelieve in taghut and to

worship Him Alone. The essence of disbelieving in taghut is best explained by Sheikhul Islam

Muhammad Ibn Abdulwahhab rahimahumullah who said: “As for the description of rejecting

the taghut, then it is that you believe in the futility of worshiping other than Allah, and that you

abandon doing so and to hate it, and that you reject and make enmity with the one who does

it. And, as for the meaning of believing in Allah, then it is that you believe that Allah is the only

worthy or worship Alone. And it is that you make all types of worship sincerely for Allah Alone,

while negating and rejecting that for anyone else that is worshiped besides Him. It also entails

that you lobe and show alliance with the people of Islam, while hating and showing enmity to

the people of shirk. This is the religion of Ibrahim, of which those who turn away from it only

fool themselves. And this is the good example that Allah informs us of in His saying: :There has

indeed been an excellent example for you in Ibrahim and those with him, when they said to

their people ‘Verily we are free from you and whateber you worship besides Allah. We have

rejected and there has commenced between us and you, enmity and hatred forever until you

believe Allah Alone”. (Qur’an, Al-Mumtainah, 60/4) (Ed Dureru Es Seniyye, 10:502)

There are those who say that a person is guilty of kufr only in the case when he is pleased with

making tahakum to the taghut and as a proof they take the statement ‘yuriduna’ (they wish)

and they say that this is a condition of the nullification of the foundation of faith from whoever

seeks judgment from the ‘taghut’. Thus whoever performs ‘tahakum ila taghut’ the only

evidence of this kufr that they would use is if he was satisfied with it. This understanding is

wrong because performing ‘tahakum ila taghut’ is kufr by its very action and the person does

not have to be satisfied with it. Accordingly, we say to them, and then if performing ‘tahakum

ila taghut’ is not kufr according to you by itself, so how do you get the evidence for his kufr

then? If they say because Allah says: “They wish” according to them it is a condition of negation

of iman. Then it should be aid to them ‘It is judge from their actions and not from something

hidden (we cannot know his level of satisfaction) and no one could know except Allah. Verily it

has been ruled upon them to be kufr through the action alone. This same doubts lead some to

ask the following question: “The meaning of the words “And they wish to go for judgment

(yatahakumu) to the taghut (false judges)” some say that with ‘they wish’ which will appear

only inwardly and is unknown and nobody can be recognised with it. Thus it is impossible to

witness their ‘kufr’ except with the knowledge of their inner secrets which is impossible’.

Bin Baz together with the rest of the council for ‘Fataawa’ answered on this question: “The

statement ‘yuriduna’ (they wish) is that which goes with the very deed or indications and signs

that point towards the aim and wish”. (Al Layna Al Daimah, 1:542:543) Therefore Bin Baz

indicated the same thing what we said about the ruling of kufr is connected upon the very

action, not that ‘kufr’ the disbelief id an action of the heart. Thus the one who only wants to

seek ‘tahakum’ from the ‘taghut’ has believed in him (taghut) and disbelieved in Allah All-

Mighty. As it is established among Ahl Sunnah Wal Jammah that ‘iman’ is with the heart, tongue

and outer deeds so the one who wants to do tahakum to the taghut has fallen into shirk with

one’s heart, also the one who express his desire to perform ‘tahakum’ to the taghut has made

shirk with his tongue and the one who performs tahakum with his limbs (deeds) has made shirk

with this action. Each of these by itself is kufr and if all of them are found in one person then

the magnitude of his shirk is greater and more serious.

Sheikh Muhammad Ibn Abdulwahhab said: “Tawheed must exist and be manifested with the

heart, and tongue, and outer deeds. If one of these matters is missing, a person will not be a

Muslim. So is a person knows tawheed, but does not act according to it, then he is an arronat

disbeliever, as was the case with the likes of Pharoah, Iblis and other like them”. (Kashful

Shubuhat) the Sheikh said: “That you believe in the futility of worshipong other than Allah, and

that you abandon doing so and hate it,” related to ‘tahakum ila taghut’ in order to disbelief in

him one has to believe that tahakum ila taghut is big shirk at all times and in all places, that one

abandons it with the heart, tongue and outer deeds and that he hates it. The sheikhs’ words:

“And that you reject and make enmity with one who does it”. Means, to believe that one who

perpetrates such an act is of a different ‘deen’ (religion) and he is not a muwahhid, rather a

mushrik and it is important to show enmity according to one’s capabilities towards such person.

This is the meaning of Allah’s words: “And they wish to go for judgment (yatahakumu) to the

taghut (false judges) while they have been ordered to reject (yakfuru) them” (Qur’an, 4:60)

Allah says: “But Shaytan wishes to lead them far astray” (Qur’an, 4:59:60) Allah calls judgment

with taghut law and seeking to resolve disputes with it, as far astray misguidance like he calls

shirk “Indeed strayed far away”. Allah says: “Verily! Allah forgives not setting up partners with

Him, but He forgives whom He wills sins other than that, and whoever sets partners in

worship with Allah, has indeed strayed far away”. (Qur’an, 4:116) Thus the main goal of

Shaytan is for the sons of Adam to commit big shirk with Allah.

“But no, by your Lord, they can have no faith, until they make you judge (yuhakimuka) in all

disputes between them, and find in themselves no resistance against your decisions, and

accept (them) with full submission” (Qur’an, 4:65)

Allah has negated the iman from the one who does not take for judgment what occurs between

them to the Prophet. He has done this as a full negation by repeating the statements of

negation with an oath. Understanding of the words, “They can have no faith (iman)” as ‘they

can have no complete faith (iman)’ is not valid due to the following reasons. The negation

demands negation of the essence of the name and in this case it is ‘shariah’ and the essence is a

negation of ‘iman’. This is the essence and the true meaning, if someone assumes that what is

wanted in this case is a figurative meaning, what is that which takes it out of its real meaning? If

someone assumes that in this case negation is not complete but the ‘mustahab’ recommended,

it has to be said that such understanding is not valid because the real ‘shariah’ meaning is not

negated with a recommended ‘mustahab’ thing it is negated with a negation of a pillar ‘rukn’ or

its part. Shaikh Aba Muhammad said specifications in this case are not possible because this is a

matter of tawheed and big shirk and as such it is included into ‘aslu deen’ as explained in the

previous chapters. It is known among the students of knowledge and scholars that in ‘aslu

deen’ what is ‘muhkam’ (perspicuous) does not stand derogation, nor specification, nor

expectations nor change. Also in ‘aslu deen’ there is neither variation nor splitting among its

pillars. (Abu Muhammad, Tahakum and the place of takfeer in religion, 1:79-80)

Imam Ibn Qayyim rahimahullah said: “That referring to Allah and His Messenger is a

requirement and an obligation of Iman. If this referring is not done, it cancels out ‘iman’ faith

because the condition of ‘iman’ faith is cancelled out. The interconnection is especially strong in

this case, for each is essential to the other, and if one of them is absent, the other is cancelled

out”. Thus the rule in this case is that negation of faith in this verse concerns the whole essence

(Al Haqiqatul mutlaqah) in meaning, if someone abandons in its entirety judgment of the

Qur’an and Sunnah from Allah’s Messenger has lost ‘asl iman’, or if someone falls into directing

‘tahakum’ to other than these two is a mushrik-kafir. Sheikh Sulayman Ibn Abdullah Ibn

Muhammad Ibn Abdulwahhab rahimahullah said: “In the verse is proof that leaving ‘tahakum

ila taghut’, which encompasses everything besides the book of Allah and the Sunnah of His

Messenger is obligatory and the ‘mutahakim’ (one who seeks judgment) is not a ‘mu’min’

believer rather is not a Muslim”. (Teysirul Aziz Hamid Ala Sharhul Kitabul Tawheed)

It is invalid to use the story of Al Zubayr radiallahu anhu and his dispute with a man of ‘Al Ansar’

because the Prophet sallahu alayhi wa salam did not perform takfeer on that ‘Ansar’ man and

as such cannot be a proof of specification in words for the meaning “They can have no faith

(iman)” into ‘they can have no complete faith (iman). Proof for this invalidity of such claims is

above discussion and a well known rule amongst scholars of ‘usul’ that stories regarding

individual people (hawadithul ayan) cannot be used to change a ruling on an established

fundamental of religion. Imam Shatibi said: “When during scholarly analysis and research

general rule is established then if individual text shows up that contradicts one of the aspects of

the established rule, it is necessary to find the connection between them, because the law giver

did not serve that individual as ‘proof’ unless he saved the integrity of general shariah rules. (Al

Muwafakat, 3:9-10) Also he said: “When a general rule is established, individual cases that are

in opposition towards it (general rule) in essence do not have any influence on it (general rule)

due to many reasons. Third reason: individual cases are partial and shariah rules are constant.

Therefore individual cases and situations cannot over rule general rules, thus rulings of general

rules are continuing to be in effect in specific cases even if it does not fit into the meaning of a

general rule”. (Al Muwafakat, 3:261-262)

Therefore the general rule is that if someone abandons in its entirely referring disputes to the

Qur’an and Sunnah of Allah’s Messenger has lost ‘asl iman’ or if someone falls into directing

‘tahakum’ to other than these two is a mushrik as well. The story in the case of Al Zubayr

radiallahu anhu, does not have an influence and cannot specify a general ruling of ‘kufr’, it has

to be found acceptable in connection between them in order to save its integrity of proofs.

Imam Nawawi said concerning this case: “The scholars said: ‘If such words as were spoken by

this Ansari were to be uttered today by any person, suggesting that the Prophet was following

his own desires, that would be ‘kufr’ and the one who says them would be subject to the rulings

of an apostates, and he would have to be killed given the relevant conditions. They say that the

Prophet only left this man alone because at the beginning of Islam he used to seek to put the

people at ease and respond with which is better. He put up with the insults of the ‘munafiqun’

and those in whose hearts was a disease, and he said: “Be easy-going, not harsh, give glad

tidings, do not put people off, and I do not want the people to say that Muhammad kills his

companions”. And Allah said: “And you will not cease to discover deceit in them, except a few

of them. But forgive them and overlook. Verily, Allah loves good-doers”. (Sharh An Nawawi,

15:108)

“And whosoever does not judge (lam yahkum) by that what Allah has revealed, such are real

disbelievers.” (Al Kafirun) (Qur’an, 5:44) This noble verse indicates that absolute leaving of

judging with what Allah has revealed is big kufr, ‘kufr tawalli’ which is disbelief of turning away

from obedience.

Allah says regarding the Jews: “But how do they come to you for judgment while they have

the tawraat, in which is the decision of Allah, yet even after that, they turn away, for they are

not believers”. Qur’an, 5:43) Our Sheikh Abu Muhammad Al Bosni said: “Turning away which is

mentioned is this verse is leaving from judging with what Allah has revealed. This kind of leaving

is disbelief which stipulates takfeer. The description of leaving ‘turning away’ constitutes an in

depended legislation besides Allah and intentional judging with an opposite law. This is a

description of what Jews were guilty off. One who falls into big shirk has left tawheed”.

(Tahakum and Place on takfeer in Religion, Pg 422) The phrase begins with the word

‘Whosoever’ (man) is a conditional pronoun which is one of the clearest signs that the meaning

is general (alfazul umum) and encompasses everyone which includes those who pertain to

Islam because this verse was revealed regarding the Jews. What is important is the general

applicability of its wording, not the specific reason for its revelation. It is narrated that the

Prophet and his asahaba would use verses that had been revealed concerning ‘ahlul kitab’ or

‘mushrikun’, and use them as evidences when debating with Muslims. This is proof that these

verses are to be general in application, not specific.

When discussing this matter Shatibi said this is like the verse “And whosoever does not judge

by what Allah has revealed, such are real disbelievers”. Even though it was revealed

concerning the Jews as is indicated by the context. The scholars understood it to be general in

application, referring not only to the kufar.” (Al Muwafakat, 4:34) Therefore the one who falls

under its meaning “Does not judge by what Allah has revealed, such are real disbelievers”.

Due to it has a ruling of a ‘kafir’ disbeliever because Allah connected the ruling of ‘al kufr’ “such

are real disbelievers”. With the description “Whosoever does not judge by what Allah has

revealed” and the basis concerning kufr is that it is major kufr as Sheikhul Islam Ibn Taymiyyah

said: “There is a difference between the kufr, which comes attached with alif lam, as in the

Prophet’s saying, “There is nothing between the person and al shirk and al kufr, except alif

lam”. (Al Iqtidah As Siraat Al Mustaqim, 1:208) Allah has labeled one who does not judge by

what He has revealed as a disbeliever (kafir). The alif lam which precedes the word kafirun in

the aforementioned verse means that it takes the form ‘al kafirun; or the disbelievers, and can

only take the form of major kufr unless it is restricted or something comes to alter its meaning

to indicate kufr dune kufr (minor disbelied0. And Imam Hafidh Ibn Kathir said: “So whoever

leaves the clear shariah which was revealed to Muhammad Ibn Abdullah, the seal of the

Prophets, and takes the judgment to other than it from the laws of disbelievers which are

abrogated, he has disbelieved. So what about the one who takes the ruling (hukm) to the yasiq

and puts it before it?! Whoever does that, he has disbelieved according to the consensus

(ijmah) of the Muslims”. (Imam Ibn Kathir: Al Bidayah wa Nihayah, 13:119)

The shariah has accepted the description of major kufr only in the instance when a Muslim

judge leaves the obligatory completion in judgment with what Allah has revealed while he has

still with him the obligatory following and abiding only to shariah and he did not leave it

absolutely in the mentioned instance. An example of it would be when the judge does not rule

with what Allah has revealed in a particular case while he was acting according to his desire and

he does not act by changing (tebdil) Allah’s ruling. This would be the case when a judge

frustrates the final verdict, meaning when he judges in the case of a thief, and he knows that

this thief has stolen but due to his desire and wrong judgment does not rule that he has stolen,

in a way to cut his hand rather he decides that the thief has deceived the owner and he gives

him the verdict of whipping a thief which is ‘tazir’ punishment. And in this way the judge did not

fall into the description of major shirk rather he committed small shirk because he still has the

basis of abiding and following (iltizam) of Allah’s law (shariah) but he was cunning and he

judged unjustly. Our Sheikh Abu Muhammad hafizullah said: “Thus, the doers of small shirk still

has with him the basis of abiding by shariah even in the case when he rules unjustly because by

using cunningness he changed the description of the factual condition than he ruled accordingly

with the prescribed shariah rule. Thus the sin came to him from the side of the ‘testimony and

establishment of the fact’, not from the side of giving the opposite ruling on and established

description which does not suit it”. (Tahakum and the Place of takfeer in the Religion, Pg 459)

Therefore the judge did not rule intentionally with ruling that is opposite to the rule (hukm) of

Allah in this specific case. This is an example of a case that Ibn Abbas was talking about when he

said regarding the verse “And whosoever does not judge by what Allah has revealed, such are

real disbelievers”. (Qur’an, 5:65) That what is meant by these verses is a lesser form of kufr, a

lesser form of ‘zulm’ (wrongdoing), a lesser form of ‘fisq’ (rebellion) it is narrated from him via a

number of ‘isnads’ which strengthen one another and when combined together are at least

Hasan. Reliable scholars of the Ummah have unanimously used the report of Ibn Abbas as

evidence and have quoted it when explaining the meaning of the verse. However Ibn Abbas did

not mean that one who replaces shariah absolutely and performs an in depended legislation

besides Allah and issues and intentional verdict with an opposing law is a Muslim, but a sinner

who has fallen into ‘kufr dune kufr’. Rather Ibn Abbas was talking about a situation similar to

what we describe above when a Muslim judge leaves the obligatory completion of judgment

with what Allah has revealed and he only did it a few times or less while he has still with him

the obligatory following and abiding to shariah only and he did not leave it absolutely neither in

the mentioned instance.

Also the explanation of Ibn Abbas radiallahu anhu was not the case of ‘tahsis’ specification of

the general ruling of kufr to a minor kufr as some misguided people believe. They say that the

one who judges and rules by something other than that which Allah has revealed does not

become a kafir in the absolute sense, unless he believes that it is permissible to do so. The

proof for their statement was the aforementioned speech of Abdullah Ibn Abbas radiallahu

anhu. We say regarding Ibn Abbas statement rather it was the custom of the salaf to use the

verse which describe big shirk to prove and warn against small shirk as well. Sheikhul Islam

Muhammad Ibn Abdulwahhab rahimahumullah said: “Hudhaifah’s reciting the verse of Qur’an

is a clear –cut proof that the companions used to recite the verse from ‘surah al baqarah’.”

(Kitabul Tawheed, Pg 45)

Allah says: “Do not set up rivals (al andad) unto Allah while you know”. (Qur’an, 2:22) With

the reference to the verse Ibn Abbas said: “Al andad means shirk, it is to swear: ‘by Allah by

your life and by my life”. (Ibn Abi Hatim) It is wrong to infer from this statement of Ibn Abbas

that this verse talks only about small shirk because the meaning that is reiterated here is that

Allah is the Creator, the Sustainer, the Owner and Provider of this life, all that is in and on it.

Hence He Alone deserves to be worshiped, and no one and nothing is to be associated with

Him. The same meaning is reiterated in the verse which is under discussion that Allah is the Sole

Owner and Disposer of all affairs and as a result to Him only belongs all judgment between His

slaves. Hence alone He deserves to be worshiped with ‘tahakum’ and ‘hukm’ and no one and

nothing is to be associated with Him. Allah says: “And He makes none to share in His ‘hukm;

(rule and judgment)”. (Qur’an, 18:26) Ibn Abbas and his comments on the interpretation of this

verse should not be understood outside of the context under which it was issued. Ibn Abbas

said: “It is not the ‘kufr’ which they think it is”. This statement is in reference to the ‘khawarij’

with whom he debated. This is after the two arbitrators were appointed to judge between

Imam Ali radiallahu anhu and Amir Muawiyyah radiallahu anhu this arbitration was the cause

that lead the group of soldiers from the army of ‘Amirul Mu’minun’ Ali to split from him and to

denounce him and Muawiyyah as kufar because they appointed men as judges, and ruling or

judging by anything other than that which Allah has revealed is kufr.

Stories regarding the debates that took place between Ibn Abbas radiallahu anhu and the

khawarij are well known and documented and they indicate that Ibn Abbas had responded to

their invalid arguments, including denouncing Ali radiallahu anhu as a kafir due to his

appointing men to judge over the disputes that took place. Ibn Abbas explained that it was

wrong to use the verse from surah al Maidah to prove that Ali and his companions were ‘kufar’,

and why their argument was false. The Khawarij used a verse from al Maidah to justify takfeer

of unjust leaders including those from the governors of ‘Umawis’ (Umayyad dynasty) and

‘Abbaasis’ (Abbasids dynasty) due to their oppression and injustice. This is no doubt a topic that

was discussed between Abu Majlaz rahimahullah and the khawarij among the sects of

‘ibaadiyah’. Our opponents’ blind following misguided ignorant have as well used the story of

Abu Majlaz as a proof that the ‘salaf’ did not do takfeer upon the one judging with something

other than with what Allah has revealed. Regarding this false misconception Sheikh Mahmood

Shakir rahimahullah said: “The ibaadiyah wanted to prove to Abu Majlaz that the governors

were ‘kufaar’, because they were in the camp of the ruler, and because they may have

committed sins or some things that Allah had forbidden. Hence, according to the first report he

said to them: “If they neglected any part of it, they know that they have committed a sin”. And

according to the second report, he said to them, ‘they do what they do and they know that it is

a sin”. So their question did not have anything to do with that which the innovators of our time

use as evidence about passing judgment on matters of wealth, honour and blood according to

the laws which go against the shariah of the Muslims, or promulgating the laws which force the

Muslims to refer to for judgment to something other than the rulings of Allah revealed in his

book or on the lips of His Prophet. This action is turning away from the ruling and the religion of

Allah, and referring the ruling to the kufaar to the ruling of Allah. This is kufr, and no one of the

Muslims, despite their difference, doubts that the one who believes in and advocates this is a

kafir”. (Tafsir Tabari, 10:348, Editor’s Footnote) Also he said: “But to suggest that at the time of

Abu Majlaz, or before or after his time, there was a ruler who issued a judgment on the basis of

denying one of the rulings of shariah, or preferring the ruling of the kufar over the ruling of

Islam, this is something which never occurred, and the discussion of Abu Majlaz rahimahullah

with ibaadiyah cannot be understood as referring to that”. (Tafsir Tabari, 10:349, editor’s

Footnote)

Thus what we are trying to prove is that Ibn Abbas radiallahu anhu was explaining to the

khawarij who were following a wrong method of deriving evidence from the texts, and their

understanding was incorrect that this verse “And whosoever does not judge by what Allah has

revealed, such are real disbelievers”. Was not referring to them and that what it referred to

was a lesser kufr (kufr dune kufr). There is a report from Ibn Abbas were he commented on the

verse where he said: “It is narrated from Hasan Ibn Abi Arrabia Al Jurjaani saying “We heard it

from Abdur Razzaq from Muammar from Ibn Tawus from his father who said Ibn Abbas was

asked regarding the statement of Allah” “And whosoever does not judge by what Allah has

revealed, such are real disbelievers”. Here Ibn Abbas when asked what is the general

explanation of the verse he said “It is enough kufr’ which can only have the one meaning ‘big

kufr”.

STATEMENTS OF THE SCHOLARS REGARDING TAHAKUM

Ibn Hazm rahimahullah said that Allah Ta’ala called the seeking of the Prophets judgment:

‘iman’ and the one who does not see the Prophets judgment with total submission cannot

acquire ‘iman’. Therefore it is certain that ‘iman’ is action, belief and verbal testify, that is to say

that going for judgment (tahakum), is an action, and this action cannot be without words, and

the fact of not bearing any grudges in ones heart is disbelief. (Ed Dureru Es Seniyye, 338)

Ibn Taymiyyah rahimahullah stated that: “One of the types of ‘muwalat’ which Allah condemns

‘ahlu kitab’ and the ‘munafiqun’ for, is to believe in some of the ‘kufr’ they are upon, or seeking

judgments from other than the book of Allah as he states: “Have you seen those who were

given a portion of the scripture? They believe in jibt and taghut and say to the disbelievers

that they are better guided as regards the way than the believers”. (Qur’an, An Nisa, 51) Then

Ibn Taymiyyah mentioned two types of people: The first type is the ‘ahlu kitab’, and the second

type is the munafiq, he also talked about two issues that are types of ‘muwalat’, which is the

belief in some of the ‘kufr’ of the disbelievers, or to go to other than the book of Allah for

judgment”.

Ibn Taymiyyah rahimahullah said when commenting on the verse: “have you 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 judgment ( in their disputes) to the

taghut (false judges) while they have been ordered to reject them. But Shaytan wishes to lead

them far astray”. (Qur’an, An Nisa, 4/60) He also said that Allah has condemned those who

claim to believe in all the books, yet they abandoned seeking the judgment from the Qur’an

and the Sunnah, and instead they submitted to the judgments of the tawagheet who are

praised besides Allah, as it is happening to so many who claim to be Muslims. They seek

judgment of Sabian philosophers or the judgment of some of the Turkish kings amongst others,

who have forsaken the law of shariah”. (Al Fataawa, 12:33)

He also said commenting on the following verse: “The only saying of the believers when they

are called to Allah (the Qur’an) and His Messenger to judge between them is that they say

‘we listen and obey’. And such are the successful”. (Qur’an, Al Nur 24/51) And states: That

here Allah clarifies that whoever turns away from obeying the Messenger and turns away from

his judgment is of the munafiqun and not from the believers, and that the believer is the one

who says: ‘We listen and we obey’. So if one becomes a munafiq by turning away from the

judgment of the Prophet and going to other than him for that, which maybe prompted by ones

strong desire, so what about the one who belittles Islam or Insults Allah (As Sarim Al Maslul, 38)

Ibn Qayyim rahimahullah stated that: “Whoever takes his opponent to other than Allah and His

Prophet has definitely sought the judgment of the taghut, while he has been ordered to reject

it, and that the person can never reject the taghut until he makes all judgment for Allah Alone”.

(Tariq Al Jijratayn, 73)

Imam Ibn Qayyim rahimahullah said: “That referring to Allah and His Messenger is a

requirement and an obligation of iman. If this referring is not done, it cancels out ‘iman’ faith

because the condition of ‘iman’ faith is cancelled out. The interconnection is especially strong in

this case, for each is essential to the other, and if one of them is absent, the other is cancelled

out”.

Imam Hafidh Ibn Kathir rahimahullah said: “Allah swears by His Holly and Divine self that no one

believes until he makes the Messenger judge of all his affairs. So whatever He rules the truth

which must be followed both inwardly and outwardly”. (Tafsir Ibn Kathir, 1:520)

Imam Hafidh Ibn Kathir said: “So whoever leaves the clear shariah which was revealed to

Muhammad Ibn Abdullah, the seal of the Prophets, and takes the judgment to other than it

from the laws of disbelievers which are abrogated, he has disbelieved. So what about the one

who takes the ruling (hukm) to the yasiq and puts it before it?! Whoever does that, he has

disbelieved according to the consensus (ijmah) of the Muslims”. (Imam Ibn Kathir: Al Bidayah

Wa Nihayah, 13:119)

Sheikh Jamalu’din Al Qasimi, Sulayman Bin Abdullah and Abdul Latif Bin Abdur rahimahumullah

all pointed out that there is no doubt that whosoever seeks the judgment of other than Allah

has disbelieved in Him and believed in taghut”. (Ed Dureru Es Seniyye, 10:426)

Virtuous Imam Hamad Ibn Attiq rahimahullah said that: “One of the factors that turn a Muslim

into an apostate (murtad) is seeking any judgment other than that of Allah and His Prophet.

That is precisely what happened when people used to judge by the laws and traditions of their

fathers. They had actually introduced a set of laws knows as ‘shara ar rifaq’, to which they gave

priority over Allah’s laws. Therefore anyone who submits to such laws is a kafir”. (Majmuatul

Tawheed, 1:361)

Sheikh Hamd Ibn Nassir Al-Maa’mar said that: “An-Nisa 4:59 is clear a evidence that Muslims

must go back to Allah and His Prophet in their disputes and that is a condition, which proves

their belief in Allah and the Last Day of Judgment. That is why Allah says: “If you believe in Allah

and the Last Day”. (An-Nisa 4/59) (Majmuat Ar-wa’l- Fataawa, 173)

Sheikh Sulayman Ibn Sahman rahimahullah talked about the ‘shara’a ar rifaqa’ and said that if

you ask the worshipers of the taghut to come back to the judgment of Allah and His Prophet

salallahu alayhi wa salam, and avoid the law of the taghut, they will answer by saying: “That the

only reason why we g to these laws for judgment is to avoid killing one another, because if one

does not agree with the other party to submit to such laws (shara’a ar-rifaqa), then one will kill

the other”. Therefore, if you know that going to the taghut for judgment is ‘kufr’ then you

should also remember that Allah has said that ‘kufr’ is worse than killing. Allah says:

“..Say fighting therein is a great (transgression) but a greater (transgression) with Allah is to

prevent mankind from following the way of Allah, to disbelieve in Him, to prevent access to

Al-Masjid Al-Haraam and to drive out its inhabitants, and al-fitnah (polytheism and disbelief)

is worse than killing..” (Qur’an Al-Baqarah, 2/217) and “.. Al-fitnah (shirk and kufr) is worse

than killing...” (Qur’an Al- Baqarah, 2/191) So if all the Bedouins and the city dwellers fight until

they are gone, that would be less severe than them establishing a taghut in the land who judges

with what contradicts the shariah of Islam with which He sent His Messenger salallahu alayhi

wa salam”.

Sheikh Sulayman Ibn Sahman rahimahullah continues and he said that if going to the taghut for

judgment is kufr, and since disputes are related to worldly matters, then how could it be

possible to commit ‘kufr’ in pursuit of ‘dunya’ matters! Iman can never be fulfilled until Allah

and His Messenger are the most beloved and until we love our Prophet more than we love our

children, fathers, and all mankind. So if all your worldly interest is to perish, it will be an act of

‘kufr’ to seek a judgment other than that of Allah and His Messenger. And if you had to choose

between forsaking your worldly interests and going to the taghut for judgment, it would then

be obligatory upon you to relinquish your ‘dunya’ and you would never be allowed to go to the

taghut for judgment”. (Fataawa Ulama Najd, 1:341-343)

Sheikh Sulayman Ibn Abdullah Ibn Muhammad Ibn Abdulwahhab rahimahumullah said: “Verses

are proofs that leaving ‘tahakum ila taghut’, which encompasses everything besides the book of

Allah and Sunnah of His Messenger, is obligatory and ‘mutahakim’ one who seek judgment is no

‘mu’min’ believer, rather is not a Muslim”. (Teysirul Aziz Al Hamid Ala Sharhul Kitabul Tawheed)

Sheikh As Sa’di rahimahumullah said: “The religion is based on the book of Allah and the

Sunnah of His Messenger, and belief cannot be sound (yastaqim) without them. Referring to

them both is a condition of faith ‘iman’. Hence Allah says: “If you believe in Allah and in the Last

day...” This indicated that whoever does not refer to them both in the disputed matters is not a

believer, rather he is a believer in taghut as mentioned in the verse”. (Tafsir A Sa’di, 1:362)

ARGUMENTS AND OUR RESPONSES TO THEM

Allah says: “And thus We have made for every person an enemy devils from mankind and

Jinn. They inspire one another with beautiful speech, deceiving. And if Allah willed, they

would not do it, so leave them and that which they invent”. (Qur’an, 6:112) This is the wisdom

of Allah that in order to manifest His religion He sends people of desires to battle truth. These

people have their concocting arguments and eloquent speech by which they try to extinguish

the light of Allah and promote falsehood. However Allah extinguish falsehood and the truth

becomes even more apparent to the people that follow it, as they must defend it with

knowledge and evidence, and refute the devils inspirations to his allies from mankind. These

people of falsehood in order to promote their misguided ways use invalid analogies and vague

verses from the book of Allah and leave aside the clear verses which are the mother of the

book.

Allah says: “He is the one who had revealed to you the book. In it are verses that are clear-

these form the major portion of the book, while others verses are unclear. So as for those in

whose hearts there is a deviation they follow that which is not entirely clear thereof, seeking

al fitnah...” (Qur’an, 3:7) our Prophet Salallahu alayhi was salam said: “When you see the

people that follow the unclear, then are the people that Allah has mentioned in His book, so

beware of them”. Allah mentioned in the Qur’an that the Qur’an is composed of clear

(Muhkam) verse and that these verses are the foundation of the book and of ambiguous

(mutashabih) verses. What is the foundation of the book and is unambiguous is that tahakum is

exclusively the right (Haqq) of Allah and worship that has to be directed only to Allah and no

one else as Allah says: “And He makes none to share in His ‘hukm’ (rule and judgment)”.

(Qur’an, 5:54) and “have you seen those (hypocrite) 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

judgment (in their disputes) to the taghut (false judges) while they have been ordered to

reject them. But Shaytan wishes to lead them far astray”. (Qur’an An-Nisa 4/60)

Also clear words of the Prophet Salallahu alayhi wa salam who said: “Verily Allah is the judge

and the judgment belongs to Him Alone”. (Abu Dawud) So whatever points the people of

misguidance try to prove with their perverted understanding of the Qur’an and Sunnah, one

can always take it back to clear, unequivocal beliefs in order to refute their understandings.

However the enemies of Allah have many criticism and doubts against the religion of all

Prophets, which they use to prevent people from following the straight path. Below are main

spacious doubts which those who are misguided want to make permissible ‘tahakum ila taghut’

in our current time.

Our opponents say: “Today shariah courts do not exist that would give us back our rights

therefore due to necessity we are forced to refer for judgment to taghut laws. As a result this is

not ‘tahakum ila taghut’ rather it is seeking the returning of one’s right and benefits that

otherwise would be lost”.

Shaytan made a trap for those who went beyond boundaries regarding tahakum and its types

by indicating them to change the names of the shariah definitions and linguistic terms, so they

made shirk of tahakum and worship taghut into seeking benefits that otherwise would be lost

and/ or removing harms. They responded to Shaytan by following titles and slogans and not

stopping at their essences. Changing the name does not change the ruling because they are

established on the essence of the things. When Shaytan realised that it is abhorrent to human

soul the naming actions that ‘mushrikun’ perform, he changed the names of those actions in

order to make it pleasing to the human soul and to deceive the ignorant.

Allah says: “Then Shaytan whispered to him, saying: O Adam! I shall lead you to the tree of

eternity and to a kingdom that will never waste away”. (Qur’an, 20:120) Shaytan deceived

Adam and his wife by naming a tree in paradise, ‘tree of eternity’ so forbidden things began to

be name with pleasant names that people like to hear. It is reported from the Messenger

salallahu alayhi wa salam that he said: “People from my nation will drink alcohol and they will

call it by different names”. Sheikh Muhammad Ibn Abdullatif rahimahullah said: “Many from

this Ummah (nation) entered into ‘shirk’ and tied their hearts to other than Allah, calling that

‘tawasul’ (seeking means), seeking intercession (shafah) and changing names. It is not taken

into consideration because that does not remove the essence of the matter neither it removes

its ruling with the change of its name, even if people are calling it differently”. (Ed Dureru Es

Seniyye, 1:567-569)

It is known that shirk is forbidden because of its harm, it has in itself such as abusing Allah, his

belittling and resembling Allah with His creation, therefore, this harm will not disappear with a

change of names. As to call ‘tahakum ila taghut’ seeking benefits that otherwise would be lost

and/or removing harms. In the opening of our essay we defined that tahakum is referring

disputes and ignorance of all things to ones law for judgment and to abide by it. In our case the

essence of thing is seeking to resolve a dispute with the taghuts law therefore a change of

name does not remove the essence if the matter neither its ruling. Thus it is absolutely invalid

to claim that referral of disputes to ones law is not ‘tahakum’ rather it is securing benefits and

returning ones rights because there is no shariah courts. Directing ‘tahakum’ to other than Allah

and His Messenger makes the taghut be like Allah in terms of the attributes of ‘Uluhiyyah’

Divinity, for he who does it ascribes a partner to Allah, he resembles the taghut with Allah The-

Exalted, All-Mighty.

Thus he who refers for judgment to others, has exceeded his limits and dropped what Allah and

His Messenger legislated and put him (taghut, secular judges) in a position which he does not

deserve. Thus, he who directs worship of ‘tahakum’ to other than Allah has elevated the taghut

to place he does not deserve and has given the right (Haqq) of Allah to him. Furthermore, when

directing ‘tahakum’ to other than Allah a person also gives the right to the taghut that only

Allah’s command is absolutely followed and obeyed.

In essence of this evil and by its repugnant condition is the following concept, they say: “While

there are courts of shariah those who choose the courts of the taghut will be kufar. However

when there in no court of shariah in necessity it would not be ‘kufr’ when applying to the courts

of the taghut.” Meaning just because a verse had been revealed for a certain situation this does

not stop it from being a general ruling ‘hukm’. Verses are revealed explaining the state of affairs

which are in agreement with the reality of that time (muwafaqatul waqi) from these verse it is

not allowed to take a divergent meaning so as to permit ‘tahakum’ because there is no shariah

courts. The verses regarding an individual who wanted to be judged by Kaab Ibn Ashraf while

the ‘hukm’ of the Messenger salallahu alayhi wa salam was available. However in the verse

Allah does not lay down a condition such that, for the iman (faith) of an individual to be

nonexistent, meanwhile there must be a court of shariah present and that individual must turn

away from those courts. Whoever brings a condition as such will have interfered with the basis

of revelation and he will have made an addition to the hukm of Allah.

So they say the condition of turning away from shariah courts towards taghut courts must occur

in order for a person to nullify his belief. These are evil connotations for such a condition. Ibn

Kathir said commenting on the verse: “Do they then seek the judgment in the day of jaahiliyah

(ignorance). And who is better in judgment than Allah for the people who have”. (Qur’an, Al-

Maidah, 5:50) he explains here that Allah reproaches the people who leave the perfect ad final

revealed shariah which contains all goodness and wisdom, for the sake of manmade laws that

contains all kind of evil opinions and desires, which men have fabricated. Very much like the

people of jaahiliyah who used to rule with all kinds of misleading laws, which the legislated

depending on purely corrupted opinions and desires”. (Tafsir Ibn Kathir, 2:64) Here Ibn Kathir

gives examples of kufr and shirk in tahakum (judging) and hukm (ruling) in which Arab

mushrikun were involved before the coming revelation, he rahimahullah said regarding these

Arabs: “Very much like these people of jaahiliyah who used to rule with all kinds of misleading

laws, which the legislated depending on purely corrupted opinions and desires”. However there

is no doubt that there was no shariah courts available, neither a shariah knowledge so

according to our opponents conditions they have to oppose Ibn Kathir and regard them not

guilty of shirk and kufr in legislation, judging accordingly and seeking to resolve disputes to their

laws (tahakum) because they could not refer to shariah for judgment and ruling.

The Mongol king Genghis Khan, who introduced the ‘yasiq’ which is legislation derived from

religions such as Judaism, Christianity, Islam and other sources. And there are many people

laws in the ‘yasiq’ that were concocted opinions of Genghis Khan. He and his people were guilty

of many kinds of kufr however he was also a kafir and a taghut due to being an independent

legislator besides Allah and one who judges with these laws and who abides and follows them.

According to their aforementioned condition he would not be taghut neither kafir because the

condition of ‘turning away from shariah’ was not present and he was not able to remove his

ignorance. Everyone is aware that the shariah courts were not present in their tartar

wilderness, therefore he and his people could not ‘turn away’ from them in order to be guilty of

kufr. This is as if they were not guilty of other kinds of disbelief. If our opponents say that they

only excuse one who seeks judgment not one who legislates and judges accordingly, we say

shariah treats similar things that are similar and ‘tashrie’ (legislation, ‘hukm’ (rule) and

‘tahakum’ (seeking resolve of disputes by ones law) are similar and same description connects

them , all of them are big shirk and kufr by themselves.

Therefore if ‘tahakum ila taghut; is permitted when shariah courts are not available in order to

secure benefits that otherwise would be lost and/or removing harms you must say that the

taghut judge and the independent law maker all of them are also not guilty o shirk and kufr

because they want justice and are seeking benefits that otherwise would be lost and are

removing harms from society in which they live whole shariah is not available. See how evil

connotations are derived from their invented conditions.

The consensus of all Muslims is that the one who judges, and the one who legislated

independently from Allah are each one of the heads of tawagheet. They are tawagheet at any

place and at any time, before or after the coming of ‘risalah and nabawiyah’. Ibn Taymiyyah

said: “However ignorance regarding Allah is kufr, either before the arrival of the news or after”.

(Fataawa, 7:325) According to an explanation by the author of Bada’ius Sanai, Abu Yusuf

rahimahullah narrated from Imam Abu Hanifah rahimamullah, “Abu Hanifah stated: “No

servant has an excuse regarding knowledge of His ‘Rabb’ due to ignorance. All creatures must

know their ‘Rabb’ (Lord and make tawheed. The reason for this is that they see the created sky,

the creation themselves and all things Allah has created”. (Bada’ius Sanai, 7:132)

It is known from Sheikhul Islam Muhammad Ibn Abdulwahhab rahimahullah. He mentioned five

heads of tawagheet that every person has to disbelieve in, in order to become a Muslim.

Among them are “The second: (head) the tyrannical and oppressive ruler who changes Allah’s

rulings. The proof for this is Allah’s saying: “Have you seen those who claim that they believe

in that which has been sent to you, and that which was sent down before you, and they wish

to go for judgment (yatahakumu) to the taghut while they have been ordered to reject them.

But Shaytan wishes to lead them far astray”. (Qur’an, 4:59-60) The third: (head) is the one who

judges by other than what Allah has revealed, and the proof for this is Allah’s saying: “And

whosoever does not judge (lemyahkum) by what which Allah has revealed, such are real

disbelievers”. (Qur’an, 5:54) (Ed Dureru Es Seniyye, 10:502-505)

SECOUND ARGUMENT

Our Opponents say: “Those regarding whom the verses are revealed wanted (out of choice) to

refer to the taghut to be judged and they were not please with the Prophets judgment.

However we are not pleased with the taghut and we hate him and believe that his law is false”.

This doubt has the following meaning, as regards to the one who is governed by non Islamic

law, if he refers to it out of choice then he is a ‘kafir’ whose ‘kufr’ means that he has left Islam.

But if he has no choice but refer to this law, and does so reluctantly, then he is not a ‘kafir’,

because if he had been able to resort to shariah he would have done so, and he believes that

this non Islamic law is false.

If we dissect this doubt we can see that it consist of the following points:

-Verses were revealed regarding the hypocrites which means that it does not concern the one

who firmly believes in Allah’s right to be the one to whom all rulings are submitted and to

whom all matters are referred.

-Acts of the heart are a cause or a prevention of takfeer. Meaning, that if one is pleased with

the taghuts judgment and does not regard his law as false then he is guilty kufr but if he hates

the taghut and is averse to his judgment then he is excused.

-If one person is in necessity and was not able to resort to the shariah of Allah then he can refer

to the taghut law for judgment. Otherwise such person is not allowed to do so.

All the above mentioned is false and are revelation from Shaytan to the scholars of ‘mushrikun’

to dispute about and confuse the believers in Allah and His Unity in worship. With the help of

Allah we will explain the misguidance of these people and the invalidity of this so called proof.

They Also say: “Verses were revealed regarding the hypocrites which means that it does not

concern the one who firmly believes in Allah’s right to be the one to whom all rulings are

submitted and to whom all matters are referred”.

Allah says: “Have you seen those who claim that they believe in that which has been sent to

you, and that which was sent down before you, and they wish to go to judgment

(yatahakumu) to the taghut while they have been ordered to reject them. But Shaytan wishes

to lead them far astray” also “and when it is said to them: come to what Allah has sent down

and to the Messenger, you see the hypocrites turn away from you with aversion”. (Qur’an,

4:60-61) The mentioned verses are revealed explaining a state of affairs that are in agreement

with the reality of that time (muwafaqatul waqi) therefore from this verse it is not allowed to

take divergent meaning (mafhum mukhalafa) so as to say that takfeer is only limited to who has

the characteristics of the ‘munafiqun’ (hypocrites).

An example of mentioning something because it is transpiring in reality in the verse: “O you

who believe! Take not the Jews and Christians as ‘auliya’ (friends, protectors, helpers), they

are but ‘auliya’ of each other. And if any amongst you takes them, then surely he is one of

them”. (Qur’an, 5:54) Here it does not mean that Allah only forbids taking as ‘auliya’ the Jews

and the Christians but permits other disbelievers. We say similarly the verse that you take as a

proof: “And when it is said to them: come to what Allah has sent down and to the Messenger,

you see the hypocrites then away from you with aversion”. (Qur’an, 4:61) It does not mean

that kufr and takfeer is only limited to the hypocrites rather it applies to everyone who

outwardly does what they did from referring judgment to other than Allah and HIs Messenger.

Sheikh Hasan Ibn Abdur Rahman rahimahullah said: “Takfeer of the one who leaves it

(tawheed) by performing shirk as it wipes out tawheed, because one who performs shirks verily

leaves tawheed. They (Islam and shirk) are contradictory terms which never unite so when shirk

is found wipes out tawheed”. (Ed Dureru Es Seniyye, 2:204)

This notion that takfeer is only limited to the hypocrites because these verses from surah ‘An

Nisa’ are revealed regarding them is an evil suggestion. It would mean that Allah did not explain

the meaning of big shirk of tahakum before the migration to ‘al madinah’ and the revelation of

surah ‘An Nisa’. However Allah and His Messenger from the beginning of the call towards ‘la

ilaha illalah’ explained the meaning of big shirk in ‘hukm’, ‘tahakum’, obedience and following

and the verses from surah ‘An Nisa’ were not the first time that the obligation to reject shirk in

hukm and tahakum was explained. The call of all Prophets was “So fear Allah, keep your duty

to Him, and obey Me, and follow not the command of al mushrikun, who make mischief in

the land, and reform not”. (Qur’an, 26:150-152) meaning obey only Allah and His law and obey

and follow only Me because obedience to Me is obedience to Allah Alone.

In the Makkan surah ‘Al Anam’ Allah says: “Eat not of that on which Allah’s name has not been

pronounced, for sure it is ‘fisq’ (sin, disobedience to Allah) and certainly, the devils do inspire

their friends to dispute with you, and if you obey them then you would indeed be

mushrikun”. (Qur’an, 6:121) Allah explained that the one who obeys the mushrikun in their

law, inwardly or outwardly would be a mushrik like them. Inwardly means to accept their law as

his and outwardly to believe in his heart that it is haram but to comply with his statements by

saying it is halal. Our Sheikh Abu Muhammad Al Bosni hafizullah said: “This is because the ruling

that it is allowed to eat dead animals is from a ‘taghut’ which a devil legislated. This who seeks

to be judged with it or to take him for a judge or if he judges with it then by it he took someone

other than Allah as a judge and legislator. This is the basis (fundament) from which we do not

come out because of any doubts”. (Tahakum and Place of Takfeer in Religion, Pg 91)

In the Makkan surah Allah says: “Or have they partners with Allah who have instituted

(legislated) for them a religion which Allah has not ordained”. (Qur’an, 42:21) Also in the

beginning of this surah Allah says: “Or have they taken ‘auliya’ (helpers, friends, protectors)

besides Him? but Allah, He Alone is the ‘wali’ (Master, Helper, Protector). And it is He who

gives life to the dead, and he is able to do all things. And in whatsoever you differ, the

judgment is with Allah. Such Allah, my Lord in whom I put my trust, and to Him I turn in

repentance”. (Qur’an, 42:9-10) This is a Makkan surah in which Allah orders that all disputes

have to be referred to His law. Ibn Taymiyyah said: “One of the types of muwalat which Allah

condemns ahlu kitab and the munafiqun for is believing in some of the kufr they are upon, or

seeking judgments from other than the book of Allah as He states: “Have you seen, those who

were given a portion of the scripture? They believe in ‘jibt’ and ‘taghut’ and say to the

disbelievers they are better guided as regards the way then the believers”. (Qur’an, 4:51)

Imam Tabari said commenting in a verse, which is also from the Makkan period: He (Tabari)

commented: “Did I not command for you, O children of Adam, that you should not worship

Shaytan (Satan). Verily, he is a plain enemy to you. And that you should worship Me (Alone).

That is the straight path”. (Qur’an, 36:60) Did not I order you and advise you that only you

worship Me not other false gods and rivals (endad) and to only obey Me because ‘ikhlas’

sincerity in worship to me and making Me one in obedience, and disobedience to the devil is

the right religion and the straight path”. Look here how Imam Tabari clearly states that the one

who did not establish tawheed of following and obedience to Allah and His religion, such did

not perform ‘kufr’ into the taghut of tahakum and also did not perform ‘kufr’ in him (taghut)

because he was following and obeying Him absolutely.

In another Makkan surah Allah says: “Shall I seek a judge (hakam) other than Allah while it is

He who has sent down unto you the book (the Qur’an) explained in detail”. (Qur’an, 6:114)

Meaning, shall I take other than Allah as judge with the heart, with words or deeds in

declarations or in practical rules, when Allah is All-Knowing and All-Wise. There is no one

worthy in worship, following, obedience, hukm and tahakum except Allah who does not have a

helper, or associate nor can anyone intercede without His permission and satisfaction. Word

‘Ebtegi’ which is translated here as ‘seek’ has the meaning of seeking judgment ‘tahakum; with

ones heart, speech and limbs. So after all these verses from the Noble Qur’an who has the

courage to lie on Allah’s religion and say that only in the ‘surah’ that were revealed in Madinah

Allah mentions shirk in ‘tahakum’ and ‘hukm’. And in addition we know that during the Makkan

period there were no ‘munafiqun’ present.

Also what is important is the consideration for a ruling comes from the generality of the

wording, and not specifically of its circumstances for revelation. Sheikhul Islam Ibn Taymiyyah

said: “The texts form the Qur’an and Sunnah, which comprises the message of Muhammad

sallahu alayhi, wa salam, convey a general meaning which applies to all of mankind through the

general applicability of both the wording and the meaning, or the meaning only. The covenants

of Allah in the book of Allah and the Sunnah of His Messenger apply to the later generations of

this Ummah just as they applied to the first generations”. (Fataawa, 28:425)

These people also say: “Acts of the heart are a cause or prevention of takfeer. Meaning is one

is pleased with the taghuts judgment and does not regards his laws as false then he is guilty of

kufr but if he hates the taghut and is averse to his judgment then he is excuse”.

Those who have issues this statement are profoundly influenced by people of ‘irjaa’ who make

the cause of ‘kufr’ as such to be making is impermissible (istihlal), or a willful rejection (juhood)

and this is false according to the shariah because making the impermissible to be permissible is

disbelief by itself even if it is not accompanied by the action. Ibn Hazm rahimahullah in his

explanation for the cause of this error, he rahimahullah said: “And their (the murjiah) asl (basis)

is a corrupt asl, which contradicts the ijmah of the Muslimeen. And it is that they say al-iman is

the tasdeeq in the heart only, even if he utters kufr... (Al-Fisal Fi Al-Milali Wa Ahwai Wan-Nihal,

13:498) Therefore according to this corrupt belief the opposite of iman is only rejection

(takdeeb) because it is the opposite of tasdeeq.

However ‘Ahl Sunnah Wal Jamaah’ believes that the opposite of ‘Al Iman’ is ‘kufr’ because ‘al

iman’ is an action and a statement and we do not differentiate between action and statements

or actions and beliefs. Sheikhul Islam said: “The salaf have a ‘ijmah’ consensus upon (the fact

that) ‘iman’ is sayings and actions of the body as well as the saying of the tongue and actions of

the body”. (Fataawa, 7:672) consequently kufr can occur by belief, tongue, deeds and doubts

and upon this there is a consensus of the imams from ‘Ahl Sunnah Wal Jamaah’. However

others from other sects say that anyone who performs an action or statement of disbelief (kufr)

then he is kafir, but his kufr is not due to the action itself, rather it merely indicates disbelief

(kufr) and is evidence for the absence of inward ‘tasdeeq’ assent of the heart and a sign of

inward unbelief (takdeeb). Ibn Hazm rahimahullah said,: ‘But as far as the one who swears at

Allah Ta’ala, there is not on the face of the Earth a Muslim who disagrees that it is ‘kufr’ on its

own except the jahmiyyah and the Ashariah and they are two groups who are not even

considered, who clearly state that swearing at Allah Ta’ala and uttering kufr is not kufr. And

some of them say it is evidence that he believes in ‘kufr’, not that he is certainly a ‘kafir’ due to

his swearing at Allah. (Al-Fisal Fi Al-Milali Wal Nihal, 13:498)

Evidences from Qur’an and Sunnah that categorically point out the ‘kufr’ of someone who

commits something of ‘kufr’ be it due to statements or actions alone without connecting it to

making the impermissible to be permissible (istihlal), or willful rejection (juhood) are abundant.

Allah says: “If you ask them (about this), they declare: ‘We were only talking idly and joking”.

Say: “Was it at Allah, and His ayah (proofs, evidence, verses, lessons, signs, and revelations)

and His Messenger that you were mocking? Make no excuse, you have disbelieved after you

had believed. If we pardon some of you, we punish others amongst you because they were

mujrimun (disbelieves, polytheists, sinners, criminals)”. (Qur’an, 9:65-66) Allah Ta’ala explains

to His slaves that whoever does something which implies ‘kufr’ by virtue of this very action, he

becomes kafir, both inwardly and outwardly. What is in his heart does not matter, because he

may have belief or disbelief in his heart. Those who were guilty of mocking Allah and His

Messenger and the ‘ayah’ they were only carelessly joking, they did not believe in it in their

hearts. However they became kufar due to their very statements even though they did not

make it permissible (istihlal) or they did not have a willful rejection (juhood). Sheikhul Islam Ibn

Taymiyyah said: “Allah says: “If you ask them (about this), they declare we were only joking”

so they admitted it and made excuses, hence Allah says: “Make no excuse, you have

disbelieved after you had believed. If we pardon some of you, We will punish others amongst

you because they were mujrimun (disbelievers, sinners, criminals) (Qur’an, 9:65-66) This

indicates that in their own view, they were not guilty of ‘kufr’, rather they thought that this was

not kufr. So Allah explained that mocking Allah, His signs or verses and His Messenger is kufr

which makes the one who does it a ‘kafir’ after he believed. This indicates that they had weak

faith and they committed this forbidden action, which they knew was haram, but they did not

knew it would constitute ‘kufr’. It did constitute kufr and they became ‘kufar’ because of it,

even though they did not believe that it was permissible”. (Al Iman, Pg 260)

Sheikhul Islam Ibn Taymiyyah rahimahullah said: “This explains to you that mocking Allah and

His Messenger contradicts submission and obedience to Him, and it contradicts belief by

implication, because it contradicts the consequences and implications of belief and prevents

him from reaping its benefits”. ) Al Saarim Al Maslool, 3:969) Thus whoever performs actions of

referring disputes to the taghut becomes a kafir even though such a person may not have the

believe that it is permissible to perform ‘tahakum ila taghut’. Such a person commits big shirk of

tahakum and fundamentally contradicts full submission and absolute obedience to Allah.

Ibn Qayyim rahimahullah stated: “Whoever takes his opponent to other than Allah and His

Messenger has definitely sought the judgment of the taghut, while he has been ordered to

reject it, and that the person can never reject the taghut until he makes all judgment for Allah

Alone”. (Tariq Al-Hijratayn pg, 73) Allah says: “Have you seen those who were given a portion

of the scripture? They believe in jibt and taghut and say to the disbelievers that they are

better guided as regards the way then the believers”. (Qur’an, 4:51) In this verse Allah

declares the Jews to believe in taghut because they said with their tongues that polytheists are

better guided than believers even though Allah said with another verse declaring that Jews

know Muhammad better than they know their own sons. So we observe that the reason for the

addition to their ‘kufr’ and the description of belief in taghut was a result of the mare

statement devoid in the heart.

In a well known story which was narrated by Ibn Abi Hatim and Ibn Mardaway from the path of

Ibn Lahi’ah from Abul Aswad, who said: “The two men took their dispute to the Messenger of

Allah salallahu alayhi wa salam, so he judge between them. Then the one who was judged

against said: “Let us go to Umar Ibn Al Khattab, so the Messenger of Allah said, ‘Yes, go to

Umar’. Thus when they came to Umar, the man said: “O Ibn Khattab, the Messenger of Allah,

judged against this person, so he said: “Let us return to Umar, so we returned to you. So he

asked: “Is this so?’ He said: ‘Yes’ thus Umar said: “Remain in your places until I come out to you.

Then I will judge between you. So he came out to them holding his sword, then he struck the

one who said, ‘Let us return to Umar’, killing him thereby, and the other one run away to the

Messenger of Allah and said: ‘O Messenger of Allah, Umar killed my companion, and if I had not

evaded him he would have killed me’.

So the Messenger of Allah said: “I did not assume that Umar would dare to kill the believers” so

Allah revealed: “But no, by your Lord, they can have no faith until they make you

judge(yuhakimu) in all disputes between them, and find in themselves no resistance against

your decisions, and except (them with full submission)” (Qur’an, 4:65) So the blood of that

man became permitted and Umar was freed from (any blame) his blood”. From this story we

learn that Umar radiallahu anhu ruled upon kufr on the one who said, ‘Let us return to Umar’

he did not enquire about the whether the man was displeased with the ruling of the Messenger

of Allah or not rather he judged upon him according to the outward appearance and Allah’s

messenger approved of it. So we ask the reader what would the Messenger of Allah do if

someone actually referred their dispute to the taghut for judgment.

Thus we say that the action of referring to the taghut to be judged by his law constitutes shirk

and kufr in and of itself inwardly and outwardly because there is ‘talazum’ an infallible cause

and a connection between the belief and the actions of the heart with the actions of the limbs.

If there was in the heart the basis of the faith it would refuse the basis of ‘kufr’ because the

basis of iman and the basis of kufr cannot coexist together. Disbelief of the heart is a result of

the disbelief of the outward deeds. Those that are strongly influenced by the ‘murjiah’ say that

this is major shirk but only because it was indicative of ‘kufr’ or rejection in the heart. Meaning,

they were pleased with the ruling of the taghut. Their mistake was a cause of ‘kufr’. Sheikh

Muhammad Ibn Ibrahim Alu Sheikh was asked about the following question, ‘And if the one

rules with the laws says, ‘I believe that they are batil’, he rahimahullah said: “Then this has no

effect, rather this is blocking the shariah just like if someone said, I worship these idols and I

believe it is batil”. (Al Fataawa, 12:280)

However today we have to deal with extreme ‘murjiah’ who are worse than the extreme

murjiah whom all scholars of Islam described as kufar. Those who say that such a person can

still be a believer inwardly even though he committed clear kufr and big shirk. Meaning, they

say whoever is described by shariah as being kafir due to what he does or say must be kafir only

in this worldly life but he may be a believer in his heart (inwardly). Sheikhul Islam Ibn Taymiyyah

said: “The implication of this is that whoever utters a word of rejection and denial, or any kind

of kufr without being forced to do so, may nevertheless still be a believer. Whoever believes

this has cast aside the covenant of Islam (becomes a kafir)”. (As Saarim Al Maslool, 3:973) So

in their view kufr means only one thing, namely ignorance of Allah, and belief means only

knowledge of Allah. Today these people who say that they are the followers of the ‘Salaf’ belief

that whoever does any kind of clear kufr and big shirk, if he was ignorant and not able at all to

remove his ignorance is still a ‘muwahhid’ (one who only worships Allah) and if he dies in such a

condition will enter into paradise if not immediately then after a while. So they are even worse

than those whom Ibn Taymiyyah rahimahullah described as kufar because they believe if one

does any kind of clear kufr and big shirk may still be a believer inwardly but is a kafir outwardly.

Yaa Allah! Help us and guide them to the straight path.

It is for benefit to mention the comments of the noble Sheikh Sulayman Ibn Abdullah

rahimahumullah regarding the verse, Allah says: “And you see those in whose hearts there is a

disease (of hypocrisy), they hurry to their friendship, saying: ‘We fear lest some misfortune os

a disaster may befall us”. Perhaps Allah may bring a victory or a decision according to His will.

Then they will become regretful for what they have been keeping secret in themselves”.

(Qur’an, 5:52) Regarding those who took as ‘auliya’ disbelievers Sheikh Sulayman Ibn Abdullah

rahimahumullah said: “And a similar state if of those ‘murtaduun’ (disbelievers after belief)

they feared misfortunes. From their hearts disappeared everything from faith in Allah’s truthful

promise that He will give victory to ‘ahlul tawheed’. So they hurry to the followers of shirk,

fearing disasters”. (Dalail, Pg 39)

The Sheikh said that everything from faith disappeared because they made ‘muwalat’ due to

fear of misfortune. It is known that ‘ikrah’ compulsion does not remove ‘iman’ such as love of

the tawheed and its followers from the heart than it is even more apparent that fear alone does

not remove faith (iman) from the heart. This those who fear ‘ahlul shirk’ still can love believers

and tawheed and hate shirk and the ‘kufar’ but Sheikh Sulayman Ibn Abdullah rahimahullah still

called them ‘murtaduun’ (apostates) because iman was cancelled due only to their action of the

‘muwalat’ with the kufar. Therefore we say by using ‘qiyas al awla’ we say if Sheikh Sulayman

Ibn Abdullah did not excuse them in a matter which is a direct necessary consequences (lazim)

of ‘la ilaha illalah’ so what then about the very pillar among pillars of ‘Ifraad Allah bil hukm’

(making Allah the only one in law) which is tahakum. It is clear that only by performing the

action of ‘tahakum ila taghut’ iman is cancelled in the heart of the person even though he can

have love for tawheed and its followers and hatred for the taghut and its laws.

In addition in this example we see that it is not of essence for one in order to be a slave

(worshiper) of an object of a worship that he has to be connected to it in the same manner as

he is connected (attached) to Allah Ta’ala. So for that reason to say that one who falls into

outward ‘kufr’ while hatred is present in the heart is not guilty of ‘kufr’ is completely wrong. We

say that such a person is a slave (worshiper) of that thing which instigated him to perform that

outward act of ‘kufr’. It could be love for ones country, nation, people, wife, children’s or any

worldly reason. This love was the cause of performing the action which resulted in

disobedience to Allah. If the action was from the deeds that are by shariah termed as ‘kufr’

then such person falls into ‘kufr’. Our Sheikh Abu Muhammad Al Bosni hafizullah said: “Such a

person is in essence an ‘abid’ slave of that thing, and all of it is returned to biggest taghut-

‘shaytan’. If they say that ‘mutahakim’ to taghut is not his ‘abid’ slave because he does not

believe in his law, let them say if they believe that ‘tahakum ila taghut’ is big shirk and kufr that

he is in reality a ‘abid’ servant of that thing which instigated him to do it. Even though the belief

of the ‘ahlu sunnah wal Jammah’ necessitates that with the outward deed which is directed to

the taghut he worship him outwardly as well with it believes in him, but he was ordered to

disbelieve in him. The one who out of love towards his sick wife goes to the sorcerer which he

hates seeking from him acts of black magic which he hates and believes it is haram, but the love

for his wife instigated him to make ‘kufr’ which he hates. He has fallen into the worship of his

wife and shaytan which calls him towards it. As well outwardly he was worshipping the sorcerer

whom Allah ordered to disbelieve in him. All of the mentioned do not believe in Allah, and we

are not only ordered to reject those who are worshipers of others than Allah, which is directly

connected to the pillar of negation, also we are ordered to reject those who did not established

pure belief in Allah (tawheed), which is directly connected to the pillar of the affirmation”.

(Tahakum and Place of the Takfeer in Religion, Pg 534)

Allah says: “That is because they loved and preferred the life of this world over that of the

hereafter. And Allah guides not the kafikeen”. (Qur’an, An-Nahl, 16:107) Imam Muhammad

Ibn Abdulwahhab rahimahullah referring to the verse above, explained that the reason for their

‘kufr’ is not due to their belief, nor ignorance, nor hating the religion of Islam or love for kufr,

but rather for their pursuit of worldly benefits. This we say that seeking the judgment of any

law other than the shariah revealed to the last Prophet Muhammad salallahu alayhi wa salam is

big shirk and kufr that expels one out of Islam. It is unmistakably wrong to say that acts of the

heart are only the cause or prevention of takfeer. If one is pleased with the taghuts judgment

and does not regard his law as false then he is guilty of kufr but if he hates the taghut and is

averse to his judgment then he is excused.

Regarding the verse:

“Whoever disbelieved in Allah after his belief, except him who is forced thereto and whose

heart is at rest with faith, but for such as open their breasts to disbelief, on them is the wrath

from Allah, and theirs will be a great torment. That is because they loved and preferred the

life of this world over that of the hereafter. And Allah guides not the people who disbelieve”.

(Qur’an, 16:106-107)

Sheikh Sulayman Ibn Abdullah Ibn Muhammad Ibn Abdulwahhab rahimahumullah said:

“Exalted He is, who layed down the rule which unchangeable that whoever turns from this deen

to kufr he is a kafir regardless if he was (trying) to justify it with fear for his life, possessions,

family or not, regardless is he committed kufr outwardly (statements and actions of heart) and

inwardly (statements of tongue and actions of limbs) or only outwardly without inwardly, and

that he committed kufr through his deeds and his statements or through one of those two and

not the other and whether or not he committed kufr through the wish to benefit regarding this

worldly matters from the mushrikun or not, he became a kafir in all of these situations except

when he is ‘muqrih’ (compelled) and he is in our language ‘magsub’ (one who is compelled)”.

(Dalail Fi Hukm Muwalat Ahl Ishrak, Pg 52) This is the belief of ‘Ahl sunnah wal Jammah’ and

this is what we believe that whoever in any place or time performs a clear action of kufr as in

our case ‘tahakum ila taghut’ is guilty of kufr except when he is ‘muqrih’ or he has a valid doubt

of ‘ikrah’.

They also claim: “If someone is in necessity (darurah) and was not able to resort to the shariah

of Allah then he can refer to the taghut law for judgment. Otherwise such a person is not

allowed to do so”.

What is indicated here is that it is permitted to commit clear kufr or big shirk if one is under

necessity. Before we explained this blunder that destroys ‘iman’ and wipes out all good deeds,

we will define what ‘darurah’ is exactly and what the slave of Allah is allowed to perform under

it and what not.

Necessity ‘darurah’ as a shariah expression which according to Islamic scholars is a state of

unexceptional difficulty and danger that makes the individual person to leave an obligatory

thing (wajib) or to perform what is forbidden (haram) in order to protect one of the universal

rights that are protected by the shariah of Allah such as religion, life, family, intellect and

wealth. On the contrary, in any other case if one would not perform his obligation or perform

something ‘haram’ (forbidden), one of the universal rights could be in jeopardy or even be

destroyed. Allah says:

“He has forbidden you only meat of dead animals, blood, the flesh of swine, and any animal

which is slaughtered as a sacrifice for other than Allah. But is one is under necessity (idtirrar),

without willful disobedience, and not transgressing then, Allah is Oft-Forgiving, Most-

Merciful”. (Qur’an, 16:115)

When it comes to nig shirk and clear kufr there is no excuse in ‘darurah’ necessity because by

committing big shirk or kufr the person is destroying one of the universal rights that ‘darurah’ is

enacted to protect which is religion. And from the aforementioned we can infer that it is

forbidden to act in accordance with the rule of ‘necessity’ if it is going to demolish one of the

fundamental basis of Islam and according to the consensus of all Muslims the testimony of ‘la

ilaha illalah’ (no one is worthy of worship except Allah) is the greatest fundament ‘aslu deen’ on

which the rest of the pillars are based upon. Sheikh Ishaq Ibn Rahman Ibn Hasan rahimahullah

said: “And our matter is worshipping Allah Alone, who has no partner and bara’ah (rejection)

from worshipping everything besides Him. And verily whoever while worshipping Allah

associates another (in worship) with Allah, he has committed shirk Akbar (major shirk) which

takes the person out of the fold of Islam. And this is the base of the fundamentals. And with it,

Messengers were sent and books were revealed. And the ‘hujjah’ has been established upon

the people with Messenger and the Qur’an” (Hukm Takfeer Al Muayyan Wal Farq Beina Qiyamil

Hujjah Wa Fahmil Hujjah, Pg 171)

Content of ‘aslu deen’ which no one is allowed to demolished under any circumstances. It is not

valid to use the rule of necessity ‘ad daruratu tukaddaru bi kadariha’ (necessity permits

performances of forbidden things long as it is enough to overcome it) in the case of big shirk

and clear kufr.

When discussing the difference between ‘darurah’ and ‘ikrah’ Sheikh Hamad Ibn Attiq

rahimahullah said: Allah says: “He has forbidden you only the dead animals, and blood, and

the flesh of swine, and that which is slaughtered as a sacrifice for other than Allah. But if one

is under necessity without willful disobedience nor transgressing due limits, then there is no

sin on him”. (Qur’an, 2:173) So it was made a condition, while necessity exists, that the one

who eats it, does so without willful disobedience or transgression. And the difference between

the two conditions is not hidden (ikrah and darurah) and in the permissibility of voluntary

apostasy? Is this comparison anything like the comparison of marrying ones sister or daughter,

based upon the permissibility of marrying the free one marrying the slave, when he fears

fornication and inability (to marry a free women? So this spreader of doubt has added more

than the comparison of those who said: ‘Trading is only like usury’ (riba)”. (Hidayat At-Tariq, Pg

151) So we say to permit big shirk of tahakum in ‘darurah’ necessity is like the comparison of

marrying ones sister or daughter, based upon the permissibility of marrying the free one

marrying the slave, when he fears fortification and inability ( to marry a free women)? Allah

says: “Whoever disbelieved in Allah after his belief, except him who is forced thereto and

whose heart is at rest with faith, but for such as open their breasts to disbelief, on them on

them is the wrath from Allah, and theirs will be a great torment. That is because they loved

and preferred the life of this world over that of the hereafter. And Allah guides not people

who disbelieve”. (Qur’an, 16:106-107) This verse categorically designates the rule that whoever

commits ‘kufr’ or shirk has no excuse except the person who was forced (muqrih) to commit an

act of kufr, while his heart was still firm upon iman. The juristic definition of coercion (ikrah) is:

“Forcing another to perform an act to which he does not consent, and that he would not have

performed it left to his own devices” in this regard, Al Sarakhsi defined coercion as: “An act that

one man performs towards another, by means of which the consent and freedom of choice of

latter is negated”.

As for the condition of compulsion (ikrah), Ibn Hajar rahimahumullah said: “And the conditions

of compulsion are four:

The first is that the one committing it is able to implement what he is threatening with, while

the one being threatened is unable to repel that treat even by fleeing.

The second is that it is his strong assumption that if he refuses (to comply) then this (threat) will

be put upon him.

The third is that what he is threatened with is immediate. so if he says, ‘If you do not do from

that is if he mentioned an amount of time, which is very near or if customarily he does not

backtrack.

The fourth is that nothing is shown by the commanded one that would indicate his voluntary

compliance”. (Fathul Bari, 12:311)

Today some leaders of misguidance preach that we only allow tahakum because of money and

children, meaning if we do not refer our disputes to the taghut we will lose these two. As if they

are saying, ‘We do not permit it except only in these two cases’, we say so what else is left?

How little value they assign to ‘Allah’s right to be only worshiped and they do not exalt Him as

he is supposed to be exalted. As Allah says: “And indeed it has been revealed to you, as it was

to those before you: ‘If join others in worship with Allah surely your deeds will be in vain, and

you will certainly be among the losers. Nay! But worship Allah, and be among the grateful.

And they made not a just estimate of Allah such as is due to Him”. (Qur’an, 39:65-67) When

Allah Ta’ala wants the truth to be manifested and spread he assigns those who will oppose it

will all kinds of doubts and evil excuses. Sheikh Sulayman Ibn Sahman talked about the ‘shara’a

ar-rifaqa’ and said that if you ask the worshipers of the taghut to come back to the judgment of

Allah and his Prophet salallahu alayhi wa salam, and avoid the law of the taghut, they will

answer by saying: ‘That the only reason why we go to these laws for judgment is to avoid killing

one another, because if one does not agree with the other party to submit to such laws (shara’a

ar-rifaqa), then one will kill the other’. Therefore, if you know that going to the taghut for

judgment is ‘kufr’ then you should also remember that Allah has said that ‘kufr’ is worse than

killing. Allah says: “...Say fighting therein is a great (transgression) but a great (transgression)

with Allah is to prevent mankind from following the way of Allah, to disbelieve in Him, to

prevent access to Al-Majid Al-Haraam and to drive out its inhabitants, and al-fitnah

(polytheism and disbelief) is worse than killing..” (Qur’an, Al-Baqarah, 2/191) So if all the

Bedouins and the city dwellers fight until they are all gone, that would be less severe than them

establishing a taghut in the land who judges with what contradicts the shariah of Islam with

which Allah Ta’ala send His Messenger salallahu alayhi wa salam”. Sheikh Sulayman Ibn Sahman

rahimahumullah continues and he said that if going to the taghut for judgment is kufr, and since

disputes are related to worldly matters, then how could it be possible to commit ‘kufr’ in

pursuit of ‘dunya’ matters! Iman can never be fulfilled until Allah and His Messenger are the

most beloved and until we love our Prophet more than we love our children, fathers, and all

mankind. So if all worldly interest is to perish, it will be an act of ‘kufr’ to seek a judgment other

than that of Allah and His Messenger. And if you had to choose between forsaking your worldly

interests and going to the taghut for judgment, it would then be obligatory upon you to

relinquish your ‘dunya’ and you would never be allowed to go to the taghut for judgment.

(Fataawa Ulama Najd, 1:341-343)

I ask you O reader, compare the words of the noble Sheikh with the words of these people

today and how high they go in transgression so much so that they say ‘If his television were

stolen he would go to court to the taghut to be judged according to taghut laws’. And we say

that the words of Sheikh Sulayman Ibn Sahman rahimahullah are absolutely in accordance with

the book of Allah and Sunnah of His Messenger salallahu alayhi wa salam, Allah says:

“Say, if your fathers, and your sons, and your brothers, and your wives, your kindred, the

wealth that you fear a decline, and the dwellings in which you delight are dearer to you than

Allah and His Messenger, and striving hard and fighting in His cause, then wait until Allah

brings about His decision. And Allah guides not the people who are ‘al fasiqun (rebellious

disobedient)”. (Qur’an, 9:24)

Here in this noble verse Allah explains to the believers that all these items are no excuse for not

participating in jihad and ‘hijrah’ (migration for the sake of Allah) then what about that which is

more tremendous and higher in rank on which both of them are dependent upon (tawheed).

Therefore it is clear that those who permit ‘tahakum ila taghut’ under necessity (darurah) are

clearly wrong and only a shariah valid exemption is ‘ikrah’ compulsion. Thus it is not permissible

to refer to the taghut for judgment unless one is genuinely under compulsion.

THIRD ARGUMENT

They claim: “If tahakum is in accordance with shariah, then it is permitted, such as the

judgment or recovering of usurped property but if tahakum is not in accordance with shariah

then it is not permitted to seek tahakum”.

Therefore according to these people ‘kufr’ and big shirk can only occur when a verdict is in

conflict with the shariah of Allah and to them there is no difference whether it is a taghut law or

not. They say: “If tahakum is in accordance with shariah such as the just judgment or recovering

of usurped property then it is permitted”. We say so if the rulings of the taghut, were

considered ‘just’ when the accordance to shariah, then they would have been commanded to

be implemented and that would have meant that Islam was contradictory and in opposition to

itself regarding its refutation of the disbelievers. Allah Ta’ala says: “Do they then seek the

judgment of the days of jaahiliyah (ignorance). And who is better in judgment than Allah for

the people who have faith”. (Qur’an, Al-Maidah, 5:50) So the judgment of Allah is the best

justice and nothing else is. So how could you have characteristic of justice in taghut laws, when

every form of justice is good? Therefore, the claim of these mentioned becomes invalid and

misguidance. In addition as a result of this misguidance these people labeled ‘justice’ what

Allah Ta’ala ordered them to reject: “And they wish to go for judgment (yatahakamu) to the

taghut (false judges) while they have been ordered to reject (yakfuru) them. But Shaytan

wishes to lead them far” So they have exceeded in their misguidance and have obeyed

Shaytan.

Also as an excellent refutation of this doubt we are going to quote a passage from an excellent

book from Sheikh Abu Muhammad Al Bosni hafizullah: “A mistake is best portrayed with what

necessity implies (comes) from it, meaning taking the taghut as a judge and seeking a verdict

according to his law is not ‘kufr’ unless it is conflict with shariah. From this it implies (comes)

that independent legislation and big shirk of absolute obedience to tawagheet of hukm are not

by itself big shirk except when a taghut legislates laws that are in opposition to shariah and if

then the taghut is obeyed.

First this is an annihilation of the description of an independent legislation without or besides

Allah which is the taghut by itself. It does not matter what kind of law it is according to decisive

shariah texts, because he was duplicating Allah in His unique right to legislate laws for His slaves

and because the taghut has conferred to Him a self-right of the command.

Second from it comes one who makes halal as halal and haram as haram and believes in the

obligation of the obligatory and forbiddance of forbidden but by it he abides by what Shaytan

legislates, following him in it and not by abiding and following in it Allah is still a Muslim. Thus

who dares to say that, one who obeys ‘Iblis’ and follows him besides Allah Ta’ala in making

permissible as permitted and prohibited as forbidden to be Muslim, and that he did not

become a taghut and did not commit big shirk because he did not legislate contrary to shariah.

Let them say it out loud so everyone can hear them.

Therefore big shirk is committed in an independent legislation and it is big shirk of obedience to

the tawagheet. It is not important whether their law is in accordance to shariah or not because

they become mushrikun and tawagheet solely due to the description of their independent

legislation and willful obedience and following of that ‘taghut’ or ‘hukm’. This one who through

judgment takes laws of the taghut as his laws and the taghut judge or that he seeks it through

the same description he will become a taghut and a mushrik, it does not matter what kind of

description his law has”. (Tahakum and Place of Takfeer in Religion, Pg 527)

This is the state of those who deceive the masses and themselves by playing around with

rulings and descriptions of the shariah. Allah says:

“They (think to) deceive Allah and those who believe, while they only deceive themselves,

and perceive not!” (Qur’an, 2:9) They are trying to change clear laws in order to protect their

taghut masters from the wrath of the believers. But they only deceive themselves and prove

that they are upon plain misguidance. Allah says:

“Do they not then consider the Qur’an carefully? Had it been from other than Allah, they

would surely have found therein many a contradiction”. (Qur’an, 4:82) In this verse Allah

Ta’ala provides us with a scale by which we can elevate truthfulness of any notion. If any

concept put to scrutiny cannot stay as one integrity but instead is forced to contradict it than it

is proof that such a concept is not valid. The reason is that anything which is revealed from

Allah is the absolute truth and is the straight path to Allah without contradictions. The ‘ahlu

sunnah wal Jammah’ takes its belief from pure sources of the Qur’an and the Sunnah according

to the understanding of the Prophets companions and those who followed them and for that

reason cannot have contradictions in its creed and where contradiction is found then such

creed is not derived from divinely source. The belief of these people forces them to treat things

that are not divisible and are same as different articles and as result assign to them different

rules, because if they go all the way then their ignorance and transgression would be even

more obvious and tremendous.

We say shariah treats similar and ‘tashrie’ (legislation), ‘hukm’ (rule) and ‘tahakum’ (seeking

resolve of disputes by one law) are all similar and they overlap each other to a certain extent

and in addition the same description connects them, all of them are big shirk and kufr by

themselves. Sheikh Abdul Rahman Ibn Hasan Alu Sheikh Rahimahumullah said: “Since resorting

for judgment is only to the holy book of Allah and the Sunnah of his noble Messenger and to

those who judge by resorting only to them. Thus he, who refers for judgment to others, has

exceeded his limits and dropped what Allah and His Messenger legislated and put him (taghut,

secular judge) in a position which he does not deserve”. (Fathul Majid Sharh Kitabul Tawheed,

Pg 344) This is what we believe in and teach that it is not important whether the taghut issues

and judges according to what is in opposition to shariah or not but ‘ahlu Sunnah wal Jammah’

believe that the one who takes his opponent to the taghut for judgment has taken him as his

lord and one who is worshiped (ma’bud). Whoever worships someone other than Allah, even it

is for an instance to shariah law. This is truth that is sent down to all Prophets in order that

Allah is only worshiped without partners.

TAKFEER OF THOSE WHO REFER TO THE TAGHUT FOR

JUDGEMENT

From the aforementioned texts we concluded that tahakum is included into ‘aslu deen’ and is

worship and if it’s directed to other than Allah and His Messenger is big shirk and clear kufr.

With regards to applying it in an appropriate manner by classifying an individual person as a

kafir we have to pay attention to its conditions being met and the absence of any impediments.

This is especially applicable in our current time when there are no shariah courts to which

Muslims can turn to in our current time when there are no shariah courts to which Muslims can

turn to in order to resolve the disputes between them. However we do not say that the one

who directs pure worship of tahakum to the taghut judge is still a Muslim, unless he has

compelled to do it or he had a valid doubt of compulsion. Therefore in this chapter we are

going to discuss the issue or ruling an individual person to be a ‘kafir’.

The matter (masa’il) of takfeer is very an important subject in the religion of Islam and many

other matters of religion are directly connected to it. Ibn Taymiyyah rahimahullah said:

“Matters of ‘takfeer’ and ‘tafsiq’ (consider someone as evildoer) are parts of themes that deal

with names and rulings that are connected to warnings (al wa’d) and promises (al wai’d) in this

worldly life and the hereafter. With them are connected matters of alliance (al muwalat) and

enmity (al muadat), killing, sacredness of blood and other matters. Because Allah promised

paradise to the believers and forbid it to the disbelievers and all of are unchangeable matters in

any place and time”. (Al Fataawa, 12:251) The belief that one who associates with Allah alone

and this is from the pillars of ‘kufr bi taghut’ (rejection of taghut). Making it manifest by

proclaiming takfeer with one’s toung is from its obligatory completeness.

Sheikhul Islam Muhammad Ibn Abdulwahhab said: “The deen Islam is not valid, except with the

rejection of all tawagheet that are worshiped instead of Allah, and takfeer of them. As Allah

says” Whoever disbelieves in taghut and believes in Allah, and then he has grasped the most

trustworthy handhold that will never break”. (Ed Dureru Es Seniyye, 10:53) Also he said: “The

meaning of disbelieving in the taghut is to reject everything which is worshiped instead of Allah

from jinn, mankind, tress, stones and other, and to testify that such is on kufr and misguidance,

to hate him, even if he is your father or brother. One who says: I am worshipping only Allah, but

I am not hostile towards leaders neither towards tombs over graves and similar. Such person is

essence is a negator of la ilaha illalah. He does not believe in Allah nor did he perform kufr in

taghut”. (Ed Dureru Es Seniyye, 2:121)

Witness to this is the words of Allah Ta’ala:

“Say: O al kafirun (disbelievers), I worship not that which you worship, nor will you

worship that which I worship. And I shall not worship that which I worship. To you be your

religion and to me my religion”. (Qur’an, 109:1-6)

Today enormous ‘musibat’ (damages) has engulfed the ‘Muslim’ world when those who are

termed as scholars and student of knowledge cannot distinguish between a ‘muwahhid’ and a

‘mushrik’, rather they lost the ‘furqan’ (criterion) between the allies of the Most Merciful and

the allies of the low one shaytan. And those that are worshiping day in day out tawagheet of

‘hukm’ and ‘tahakum’ in the lands that once were lands of Islam and in the secular west are for

them still Muslims but only ignorant and confused. We belong only to Allah and to Him we will

return and one of the reasons for this kind of state is neglect is study of tawheed and the

matters of takfeer.

Scholars of Islam have made a distinction between a general ruling that leads to classifying

some actions or some matters which constitute ‘kufr’, and applying that in specific cases. We

say there is ‘takfirul al mutlak’ general takfeer and ‘takfirul muayyan’ giving the verdict of kufr

on a specific person. General takfeer is to confirm the shariah ruling of ‘kufr’ towards a person

which say or does something. So we say ‘who says such and such’ or does ‘such and such’

performed kufr. We say that generally without connecting it to the performer of an act. Thus

general takfeer is a verdict on the nature of ‘kufr’ in words or deeds not a verdict on the kufr of

the person who said or did such an act. Specific takfeer ‘takfirul muayyan is connecting the

ruling of takfeer on the specific person who said or performed such an act. Sheikhul Islam said:

“Difference must be made between general and specific takfeer. First from big and

fundamental matters that the ‘Ummah’ has divide is matter of threats (al wa’d). Qur’anic texts

regarding these threats that are general in meaning like the words of Allah: “Verily, those who

unjustly eat up the property of orphans, they eat up only fire into their bellies, and they will

be burnt in the blazing fire!” (Qur’an, 4:10) Also what is said regarding the words: ‘Who does

such and such awaits him such and such’. All of this is general. Into this belong the words of the

‘salaf’: ‘Who say such and such and then he is such and such’. However threats can be removed

by repentance, good deeds and worldly tests that erase bad deeds or ‘shafah’. Takfeer is (in the

category of) a threat, and the speech can consist of negating prophetic statements but a person

can be of those that are new in religion or of those that live far away from civilization. This kind

of people cannot be considered as kufar because they haven’t negated anything and this is until

proof is established against them. It can happen that a person never heard the texts that he is

negating or he heard them but for him these texts were contradictory and due to it he

performed ‘taweel’ even if he was wrong”. (Fataawa, 3:147-148) There are many similar

statements from people of knowledge where they made difference between action and doer of

action.

On the other hand it is widely known that the belief of ‘Ahlu Sunnah wal Jamaah’ makes

distinction between what is known by necessity in religion and what is from other than that.

There are matters (masa’il) that are fundaments of this religion which are clearly expounded in

the Qur’an and Sunnah of the Messenger of Allah. In these clearly explained fundamental

matters nobody has an excuse of ignorance, and wrong interpretation and blind following

rather whoever states a word or performs an action which necessitates kufr is guilty of kufr.

Therefore in the fundaments of the religion scholars did not make a difference between the

action and doer of that action. Alu Sheikh Abdullah and Ibrahim who are the sons of Sheikh

Abdullatif and Sheikh Sulayman Ibn Sahman said: “As for their saying, ‘we say that word is kufr

and we will not rule with kufr upon the one who said it’ so to generalize his is absolute

ignorance, because this phrase does not imply except over the specific individual, and the

matter of takfeer of the specific individual 9muayyan) is a known matter. If one says such a

word which is said ‘kufr’ then it is said ‘Whoever says this is kafir’/ But the person who said it is

not ruled as a kafir until the ‘hujjah’ (proof) which if the evidence is hidden from some people,

just like the matter of ‘qadr’ (divine decree) and ‘irjaa’ and its likes. And for what the people of

desires said: ‘Then some of their sayings include disbelief matters which includes rejection of

proofs from the book and Sunnah with it is provided with ‘tawatur’, so the saying which

includes rejection of some texts would be ‘kufr’ and it is not judged upon the one who says it

for the possibility of a preventing factor like ignorance and not having knowledge with what

contradicts with the text or what it proves. This verily the shariah does not become biding

except after it reaches”. (Aqidatul Muwahhihdin, Pg 227 and 526)

Imam Muhammad Ibn Abdulwahhab rahimahumullah said: “When a particular person performs

an action which is kufr, then he is not accused of kufr until the evidence is established against

him, such that a person can then be accused of disbelief. And this is the ruling with regards to

matters which are not obvious, so some people might be unaware of the evidence of it. As for

what occurs from such people of action that are clear and apparent, or that which is well

established in religion, then one does not need to stop (making takfeer) against the one who

does this act”. (Ed Dureru Es Seniyye 8:244)

Ibn Taymiyyah said: “If the question is about less known matters, it could be said that he is who

‘the one who makes a mistake’ or is ‘misguided’, the argument is not established against him, in

order that he disbelieves. However in some of their groups it happens in matters known to

common people and elite Muslims. Even Jews and Christians and the mushrikun know that

Muhammad is sent with and that he made takfeer of the one who goes against it, such as his

orders not to worship anyone except Allah one and only and the forbiddance of worshiping

anyone else be it from angles, Messengers and other. These matters belong to the most known

principles of Islam, or enmity against the Jews and the Christians and mushrikun and

forbiddance of adultery, usury, gambling and similar to it. Inspite of that you will find many

leaders that have fallen into these kinds, and therefore became apostates and some will repent

and return to the truth”. (Fataawa, 18:54)

It is worth pointing out here that Sheikhul Islam clearly indicates that takfeer of those who

make shirk and equals to Allah in ‘Uluhiyyah’ and His ‘Ruboobiyah’ is from the fundaments of

religion and this matter is even known to Jews and Christians. It is clear that in those matters

which are well established in religion then in them one does not need to stop (making takfeer

muayyan) against the one who does those acts unless he was compelled (muqrih).

Sheikh Sulayman Ibn Sahman rahimahullah said: “So none is excused for not having iman in

Allah and His Angels, His books, His Messengers and the last day, so there is no excuse for him

after that due to ignorance. And Allah explains the ignorance of many amongst the kufar, while

clearly stating their kufr. And he ascribed the Christians with ignorance, while a Muslim will not

doubt in their kufr. And we firmly state that, verily the most of the Jews and Christians today

are blind following ignorant (people) and we believe in the kufr of the one who doubts in their

kufr. And the Qur’an states upon that, verily doubt in the fundamentals of the religion is kufr.

And there is no excuse for whom status is the like because he did not understand the evidence

of Allah and His explanations. Because there is no excuse for him after it reaches even if he

does not understand it”. (Kashf Shubhatayn, pg 92)

Sheikh Sulayman Ibn Sahman rahimahullah said indicating a number of important things:

-Ignorance is not an excuse in the fundaments of the religion. The ‘ahlu Sunnah wal Jammah’

say that there is no difference between the one who knows and does not work according to his

knowledge and the one who does not know (ignorant) but he could learn if he wanted to. In

this concept wisdom is obvious because comprehending and knowing Allah’s rulings enough is a

possibility of its accumulation. If condition for being a shariah subject (mukalaf) is direct

knowledge then the shariah obligation (taklif) on the individual person could never be set. If

direct knowledge is a condition large number of people would try to use as an excuse ignorance

of shariah rules together with avoidance of seeking shariah knowledge. Due to it shariah rules

would be obstructed and annulled. The shariah subject is considered as an informed one (the

person) due to actual being informed or due to ability of being taught by the very process of

learning or by asking those who are knowledgeable. This is the meaning of the Sheikhs words:

“Because there is no excuse for him after it (knowledge) reaches even if he does not

understand it”.

-There is no difference in the ruling between the original ‘kufar’ and those who pertain to Islam,

when they perform an action which necessitates kufr. as it is pointed out by Sheikh Ishaq Bin

Abdurrahman rahimahumullah, he said: “Sheikh Sulayman Bin Abdullah mentioned in the

explanation of tawheed in many places, that verily whoever says the kalimah of tawheed and

prays and gives zakat but he does against it with his actions and sayings from praying to the

righteous, and asking for help from them or sacrificing for them, that verily he is similar to the

Jews and Christians, in their saying the kalimah of tawheed and going against it. And based

upon this it becomes necessary that the Jews and Christians are explained and that they are not

declared as kufar until they are explained. And this is very, much apparent in this sense”. (Hukm

Takfeer Al Muayyan, Pg 178)

-The one who doubts the kufr of the one who worships other than Allah is like him and in this

ruling there is no difference between the original kafir and the one who pertains to Islam. The

reason for the kufr of the one who does not regard the worshiper of others besides Allah as a

‘mushrik’ is his inability to differentiate between iman and kufr and between tawheed and

shirk. The cause of it is ignorance of tawheed which is kufr by itself.

-Takfeer of the mushrikun is from the fundament of religion (kufr in taghut).

-Wrong interpretation of shariah texts is no excuse in fundamental matters of religion.

-To whom the Qur’an reaches the proof is established against him.

After stating that the differences between takfeer al mutlak and muayyan are only in hidden

matters which are not from the fundaments of religion and that it is not allowed to make a

difference between the action and the doer of that action in matters of clear kufr and big shirk

it is of big importance to explain another very important rule which is greatly neglected and

unknown to a large number of those who pertain to knowledge and students of knowledge and

due to that they fall into ‘fitnah’ and become a cause of ‘fitnah’ to their followers from the

common people.

Abdul Mun’em Mustapha Haleema (Abu Baseer) said: “The first division is regarding those

Muslims who are ignorant of some of the foundations of tawheed or regarding specific aspects

of worship due to some impediment which cannot be prevented such as a person who is new

to Islam, or a person who lives in a remote place far away from Islamic knowledge is unable to

reach him nor is he able to reach it. If such a person were committing a mistake that could be

described as ‘kufr’, it is not permissible to rule such a person to be a kafir nor do the rulings

pertaining to this apply to him”. (The conditions of Saying La ilaha illalah, Pg 51) Here in these

words is the best example of a mistake that we are going to discuss in the following chapter. A

mistake is that in the issue of big shirk and clear kufr is a impediment which cannot be

prevented and is not an excuse in naming such a person a ‘mushrik’ and taking the name of

Muslim from him but is an excuse in naming him ‘kafir’ and ruling of punishment in this life and

hereafter.

Allah says:

“Messenger who gave good news as well as warning, that mankind, after (the coming) of the

Messengers should have no plea against Allah, for Allah is exalted in power All-Wise”.

(Qur’an, 4:165)

“(The Messengers were sent) Thus, for they Lord would not destroy for their wrongdoing

men’s habitation whilst their occupants were unwarned”. (Qur’an, 6:131)

‘And We are not to punish until we send a Messenger..” (Qur’an, 17:15)

So Allah is not going to punish anyone on the Day of Judgment until he establishes the ‘hujjah’

upon him. And His ruling in the world is that he is a mushrik. Punishment is only after the arrival

of the Messenger. Now we are going to explain in detail this very important rule.

THE NAME ‘MUSHRIK’ IS APPLIED BEFORE THE COMING OF

HUJJAH (PROOF, MEANING BEFORE REVELATION, KNOWLEDGE)

Sheikhul Islam Ibn Taymiyyah rahimahumullah stated an important shariah ruling, meaning:

“Verily Allah separated between what is before ‘risalah’ in names and rulings and put them

together after risalah” Meaning the name (shirk, mushrik) and the ruling (punishment in this

world and in the hereafter) is separated before the coming of ‘hujjah’ (proof) but after the

establishing of proofs against the person is then connected. If a person associates with Allah in

worship and he was ignorant with an ignorance that he could not remove this from himself he

is given the name ‘mushrik’ but he is not punished however when the proofs have reached that

person and he continues in association (shirk) then he is a ‘kafir-mushrik’ which will be

punished because of it.

Allah says: “And to Ad’ their brother Hud. He said ‘O my people! Worship Allah! You have no

other god but Him. Certainly, you do nothing but invent!” (Qur’an, Hud, 50)

Allah confirmed for them the ruling of slanderers before they could oppose his revelation.

Sheikhul Islam Ibn Taymiyyah rahimahumullah stated: “When mentioning Hud alayhi salam he

explains what had been said: “...You do nothing but invent” (Qur’an, Hud, 50) Before passing

the ‘hukm’ (ruling) of them with what they had opposed him with, he characterised them as

slanderers. The reason for this was because they had taken on other deities besides Allah.

Without doubt the attribute of mushrik had been fixed before ‘risalah’. Before such ‘risalah’

they had been associating (making shirk) against their ‘Rabb’, they had been associating

partners to Allah and they had taken on other deities and other rivals (equal). This shows that

these attributes have been fixed before ‘risalah’. Just like the names ‘jahl’ (ignorance) and

‘jaahiliyah’. Likewise before the arrival of the Messenger of Allah the era had been called

‘jaahiliyah’ and those affiliated as ‘jahil’. However punishment is not the same, because turning

faces was only to run from/escape from obedience. Just as the following verse: “But on the

contrary, he rejected truth and turned away!” (Qur’an, 75:32) And a situation as such is only

possible with the arrival of the message”. (Fataawa, 20:37)

Also Sheikhul Islam Ibn Taymiyyah rahimahumullah said: “However ignorance regarding Allah is

kufr, either before the arrival of the news or after”. (Fataawa, 7:325) According to an

explanation by the author of Bada’ius Sanai, Abu Yusuf rahimahumullah narrated from Imam

Abu Hanifah rahimahumullah, “Abu Hanifah stated: No servant has an excuse regarding

knowledge of his ‘Rabb’ due to ignorance. All creatures must know their ‘Rabb’ (Lord) and

make tawheed. The reason for this is that they see the created sky, the creation of themselves

and all things Allah created”. (Bada’ius Sanai, 7:132)

Now we are going to give you an example, if one sees a particular person making a dua’ to a

dead person in a grave asking from him to give him health or to cure his sick child or asking

from a dead person to perform supplication to Allah instead of him and similar things while he

was ignorant to the point that he was actively seeking to remove his ignorance but he was not

able to remove it. Then all ‘Ahlu Sunnah wal Jammah’ scholars and their common Muslim

followers say such a person is a ‘mushrik’ but because the proof was not established against

him, he is not a kafir. This is the application of the rule: “Verily Allah separated between what is

before ‘risalah’ in names and rulings and put them together after risalah” This is because big

shirk and tawheed can never unite in one person due to the religion of Islam being pure of big

shirk and clear kufr.

Allah says: “But if they repent, and establish regular prayers and practice regular charity, then

open the way for them, for Allah is Oft Forgiving Most Merciful”. (Qur’an, 9:5) Imam Qurtubi

states: “...If they repent” Meaning if they repent from shirk”. (Tafsir Al Qurtubi) Note here that

the basis of Islam is not fulfilled except with rejection of shirk, so when a person is directing

worship to other than Allah he cannot be a muwahhid. In order for Islam to be established the

person has to repent from shirk. Hence, Islam means, in the consensus, to surrender in worship

only to Allah alone with complete submission and obedience without associating anything with

Allah. Whosoever directs any type of worship to other than Allah, such individual person is a

mushrik even if he is ignorant.

Sheikh Abdul Latif Abdul Rahman rahimahumullah said: “How many nations perished because

of the lack of knowledge and for not knowing the boundaries and the facts? And how many

mistakes took place and much grief happened because of this? Now take for instance Islam and

shirk, they are contradictory terms which never unite or lift each other up. The ignorance of

both of them or one of them leads many people to fall into shirk and to worship the righteous

people. This is because they do not know the true meanings and cannot imagine them. (Minhaj

At Ta’sees, 12) The same concept is reiterated by Sheikh Abdurrahman Ibn Hasan Alu Sheikh,

who said: “He, who commits shirk, leaves tawheed for they are two opposites which never

come together and can never cancel each other out”. (Majmuatul Tawheed, 36)

Thus those who have directed worship to other than Allah have not fulfilled the requirements

of tawheed and are such as they have not worshipped Allah, and in this sense are the meaning

of the verse: “Nor will you worship that which I worship”. (Qur’an, 109:3) The sons of Sheikhul

Islam Muhammad Ibn Abdulwahhab and Sheikh Hamd Ibn Nasir Al Muammar rahimahumullah

said: “If one commits deeds of kufr and shirk out of jahl or because there was no one who could

point to him his error, we do not call him kafir until the evidences reach him. But we do not say

about him that he is a Muslim”. (Ed Dureru Es Seniyye, 10:136)

Scholars use expressions and names in different context as so the expressions ‘kufr’ and ‘shirk’

are used in different context depending on what is connected to them from its rules, it is not

obligatory if it is negated in one particular rule that it is also negated in the rest of the rule.

What scholars mean by this is the following, if a particular person associates with Allah in

worship but he is ignorant and he could not remove his ignorance then ‘kufr’ of punishment or

the name ‘kafir’ will be negated from him but in the rest of the rules it will not be negated such

as ‘kufr’ that does not entail punishment or the name ‘mushrik’. Sheikh Abu Batin

rahimahumullah said: “And the saying of the kinds of this is ‘shirk’ (which is) worshiping others

than Allah and that is kufr with the consensus of the Muslims, and there is nothing preventing

from takfeer of those (people of shirk). As (it is like) the one who commits ‘zina’ (adultery) is

called ‘zaani’ and the one who deals in usury (riba) is called one who deals in usury (raabi)”.

(Majmu’ Ar Rasail Wal Masa’il An Najdiyya, 1:657)

Now when important shariah rules regarding takfeer of the individual person are set we can

apply them regarding those who direct ‘tahakum’ to the taghut. It is beyond doubt clear that

whoever takes his opponent to the taghut court seeking a verdict from the taghut law in order

to resolve a dispute is a mushrik. The only excuse is valid shariah coercion (ikrah) Allah says:

“Whoever disbelieved in Allah after His belief, except him who is forced thereto and who

heart is at rest with faith, but such as open their breasts to disbelief on them is the wrath of

Allah, and theirs will be a great torment. That is because they loved and preferred the life of

this world over the hereafter. And Allah guides not the people who disbelieve”. (Qur’an,

16:106-107) This verse categorically designates the rule that whoever commits ‘kufr’ or big

shirk has no excuse except the person who was forced (muqrih) to commit an act of ‘tahakum

to the taghut’, while his heart was still firm upon iman. This is academically rhetoric because we

believe that it is impossible to find a person who today lives in the Arab countries or in the

western countries that was completely ignorant and was not able to remove his ignorance

regarding the prohibition of ‘tahakum ila taghut’ in order to rule him to be only a ‘mushrik’ but

not ‘kafir’. We say that if a person knows that tahakum to Allah and His Messenger is obligatory

then automatically proof is established against such person because tahakum is prohibited to

other than Allah. Meaning, for the individual person prohibition of a particular thing is

established by his very knowledge of its obligation. Imam, mufti of the Najd Abu Batin

rahimahullah said: “According to the words of the ignorant person, the words of Allah:

“Worship your Lord, who created you”. And words: “We only worship you”. And, “I am your

Lord therefore worship Me”. And similar do not indicate prohibition of shirk? So if the meaning

of ordered worship is tawheed and tawheed is making Allah one in worship and negation of the

same to other than Allah, this is the meaning of ‘la ilaha illalah’, which essence is affirmation of

worship only to Allah and negation of association with Allah. This is a known matter that does

not need explanation therefore misguidance of his words is apparent with what we

mentioned”. (Ed Dureru As Seniyye, 2:309)

Therefore we believe that faith (iman) in tawheed to Allah in his ‘hukm’ and ‘tahakum’ requires

establishment of proofs that ‘tahakum ila taghut’ is haram (forbidden). Regarding the one who

does not know that it is obligatory to refer all tahakum to the Qur’an and Sunnah of the

Messenger is an original kafir who was never a Muslim so with what ignorance he should be

excused? As it is mentioned in the previous chapters the ‘ahlu sunnah wal Jammah’ do not

make a difference between one who believes in the permissibility of tahakum to taghut and

one who believes in its forbiddance and he hates it because we believe that ‘iman’ is words and

deeds. Thus if someone does not negate Islam to the one who falls into big shirk and clear kufr

outwardly and he excuse him due to ignorance then it is absolutely essential to excuse one who

does not believe that tahakum to taghut is ‘haram’ and who does not believe that big shirk is

different religion. This is because there is no difference in kufr by actions of the hearts and kufr

by the actions of the body and limbs.

The noble Sheikh, virtuous Imam Abdul Latif Abdul Rahman rahimahullah was asked about the

customs of fathers and grandfathers by which the traditional people among the Bedouins and

other rule: “Can they be described as kufar because of that, after they have been told? He

replied:”Whoever refers for judgment to anything other than the book of Allah and the Sunnah

of His Messenger, after being told about that, is a kafir. Allah says: “And whoever does not

judge (lem yahkum) by what Allah has revealed, such are real disbelievers”. (Qur’an, 5:44) (Ed

Dureru Es Seniyye, 8:241) The words ‘after being told about that, is a kafir’, have the meaning,

kufr of punishment in this world and in the hereafter and they do not mean that such a person

is still a Muslim. It was explained in the previous paragraphs that if particular person associates

with Allah in worship but he is ignorant and he could not removed his ignorance then the ‘kufr’

of punishment or name ‘kafir’ will be negated from him but in the rest of the rules it will not

negated such as ‘kufr’ that does entail punishment or the name ‘mushrik’. The noble Sheikh

Muhammad Ibn Abdul Latif Bin Abdur Rahman rahimahullah explained the meaning of the

words, ‘they disbelief after they were told about’, he said: ‘Verily scholars mentioned that a

‘murtad’ (apostate) should be asked to do ‘tawbah’ (repentance) and it has to be explained to

him that if he persists and refuses then he becomes a ‘kafir’. (Masbah Zalam, Pg 118) The

evidence here is that the Sheikh called them ‘murtad’ not Muslims and after he was told about

his misguidance then he will be a kafir. This is evident because Islam is tawheed to Allah alone,

worshiping only Allah without rival and equal. Iman (faith) in Allah and His Messenger and

following the Messenger in that with what he came with. So until the slave comes with it he is

not Muslim, so if he is not kafir ‘muanid’ (one who turns away arrogantly) then he is a ‘kafir

jahil’ (ignorant kafir). Shaikh Muhammad ibn Ibrahim rahimahullah said: The word ‘claim’

denies what they assigned for themselves from Imaan (faith), because it is impossible to

combine together ‘tahakum ila taghut’ and imaan (faith) in the heart in its ‘asl’ (origin,

fundament, principle). (Fataawa Ulama Najd, vol 1, pg. 382) These words are beautiful and

precise and this is what we were explaining in this chapter, that ‘aslu deen’ and big shirk and

clear kufr cannot co-exist in one person at the same time so when big shirk and clear kufr

comes, tawheed departs. Therefore when someone performs ‘tahakum ila taghut’ he is no

longer a ‘hanif’, muwahhid, rather such a person becomes a ‘mushrik’ and when ‘hujjah’ proof

comes and is established he becomes a kafir. May Allah the Most Merciful save us from

misguidance and bad end.

Allah says: “And you will see the Angels surrounding the throne from all around, glorifying the

praises of their Lord. And they will be judged with truth. And it will be said, ‘All the praises

and thanks are to Allah, the Lord of the ‘Alamin’ (mankind, jinn and all that exist)”. (Qur’an,

39:75) May Allah bless our prophet Muhammad salallahu alayhi wa salam and his family and

companions, and grant them peace.

Since human efforts are always prone to error, I would appreciate any sincere advice or

beneficial criticism from the reader. Contact via email address: farishrnic@yahoo.com.au

Faris Abu Ismail