Legislating by other than Allah’s law

What the scholars of salaf has to say about “Legislating by other than Allah’s law”

It is related from Ibrahim ibn al-Hakam ibn Zahir from his father from As-Suddai who said, “Ibn `Abbas said,

‘Whoever was tyrannical in judgement and he knows it, judged without knowledge or took bribery in judgement, then he is from the kuffar.’”[Akhbaar ul-Qudaa’, p. 41]

Although this statement seems very harsh, we must look at it very closely. In reference to these crimes mentioned above, this hadith shows us that it can either a major or a minor kufr. Depending on the frequency of the judgement, we can then determine the degree of kufr, minor of major.

Depending on the type of tyranny, we then come to what should be the correct judgement. If the tyranny touches on the rights of mankind, like in the time when the great tyranny of al-Hajjaj ibn Yusuf ath- Thaqafi took place, then this is a major sin, but not enough to cast someone out of the fold of Islam.

Thus it is minor kufr; however, the moment the tyranny touches the right of Allah, for example legislation, then it is without doubt major kufr and must be resisted until it ceases or the person is removed from their post. In regards to judging with or without knowledge by other than the law of Allah all the time, it falls under the same rules and conditions.

In a hadith taken from Baihaqi رحمه الله , `Abdullah ibn Mas`ud (RA) was asked regarding as-Suht (ill gotten wealth from unlawful earning), and he replied, “It is rashwa (bribery).” He was then
asked about tyranny in judgement, to which he replied, “That is the very kufr.”[Akhbaar ul-Qudaa, V. 1, page51 in the footnote]

It is taken moreover from Masruq that he asked Ibn Masood (RA) regarding as-Suht, to which he said, “It is rashwa (bribery).” He (Masruq) inquired, “And in judgement?” `Abdullah ibn Masood (RA) answered, “That is the very kufr.” Then he recited Surat ul-Ma’ida, ayah 44.

وَمَن لَّمْ يَحْكُم بِمَا أَنزَلَ اللَّهُ فَأُولَٰئِكَ هُمُ الْكَافِرُونَ

“And whoever does not judge by what Allah has revealed – then it is those who are the wrongdoers.”

Ibn Masood (RA) was asked at another time, regarding suht and whether there was rashwa (bribery) in judgement. Ibn Mas`ud (RA) replied,

“No, Whoever does not judge by what Allah sent down, then they are kaafirun, whoever does not judge by what Allah sent down, then they are zaalimun (oppressors), whoever does not judge by what Allah sent down, then they are faasiqun (rebellious sinners).”[Ibid, V. 1, pages 52-53]