Scholars about the Takfir on today's governments
Translation of the summarized text of Furkan bin Abdullah
Governing with a law outside Sharia law
This is not about the judgement of a person/judge who does not give one or two laws in an Islamic state where the Koran is the constitution, according to the Sharia!
It is this kind of person who, in place of Sharia law, calls for a different state system. The scholars divide this judgment into two. One, in an Islamic state. This falls within the scope of "Kufr duna Kufr". Secondly, the annulment of an Islamic judgment or of the whole
legislative order. This is undoubtedly Kufr.
وَمَن لَّمْ يَحْكُم بِمَا أَنزَلَ اللَّـهُ فَأُولَـٰئِكَ هُمُ الْكَافِرُونَ ﴿٤٤﴾
وَمَن لَّمْ يَحْكُم بِمَا أَنزَلَ اللَّـهُ فَأُولَـٰئِكَ هُمُ الظَّالِمُونَ ﴿٤٥﴾
وَمَن لَّمْ يَحْكُم بِمَا أَنزَلَ اللَّـهُ فَأُولَـٰئِكَ هُمُ الْفَاسِقُونَ ﴿٤٧﴾
The Cause of Descent / Sebeb-i Nuzul:
Buhari and Muslim report from ibn Umar: "At the time of the Prophet (sallallahu aleyhi wes-sellem) there was a discussion about Zina among the Jews. They asked the messenger about the sentence and he asked them what they had written about it in the Torah. They said that they should be beaten with sticks and their faces should painted black. Abdullah ibn Selam said there: "Kezebtum - you have lied. The verdict is "Rejm" (stoning). The Prophet asked for the Torah, and one of them held his finger on a place. He said "get your finger off" and they found the passage (about stoning)."
As a result, verses 41-50 of the Sure Maide was sent down.
In Muslim Bera ibn Azib also reports: "The prophet one day saw a Jew with a black face and marks on his body. When he asked the Jews what this meant, they replied that this was punishment for Zina. He asked their scholars, "By Allah this is written in your Torah?".
"No, this is Rejm. By Allah, if you would not let us swear to God, we would not tell you that." He continued: "If anyone of us, who is esteemed, does such a thing, we did not apply the punishment. But if it was a poor one, we stoned him to death. When we saw that this was not going on, we assembled and decided to practice Jild and Tahmim instead of Rejm."
The verse was then sent down with وَمَن لَّمْ يَحْكُم بِمَا أَنزَلَ اللَّـهُ فَأُولُونَـٰئِكَ هُمُ الْكَافِرُونَ ﴿٤٤﴾.
These people "only" did not apply one law. It was still in the Torah and they still believed in the Laws of the Torah. However, for a judgment they gave only one other application (alternative).
1- And Bera ibn Azib says that the verses were sent down because of this and added:
"And this applies to all Kuffar". So not as some claim, these have only been sent down upon the Jews.
2- Rule in Usul el Fikh:
"The teaching is taken from the generality of the statement, not for the specific reason of descent!"
3- There are words in the Koran that stand for the generality: من – الذي
4- فَأُولَـٰئِكَ هُمُ الْكَافِرُونَ with Tekid (confirmation) "Hum" "Ulaike". Means: "THE TRUE UNBELIEVERS."
5- Imām Qurtubi said:
"Ibn Mas'ud and Hasan al-Basri said: These verses generally apply to all who do not judge by Allah's laws, be they Jews, Christians or Muslims." [Tafsir Qurtubi p. 2187]
6- The Sahaba also talked about these verses. Some said: These verses were sent down for the Children of Israel. Not because of us." Huzeyfe ibn el Yemame was there. He said:
"What good brothers are the children of Israel to you. For them the bad and for you the good (of the Qur'an)? By Allah, ye will embrace them on their ways."
Hasan el Basri added: "And this is a duty for us."
7- Ibrahim en Nehai: "These verses were revealed because of the Children of Israel, and Allah is pleased with these verses for this Ummah. (They have received the same verdict)"
8- Subki said about the verse Ma'ida: 44:
"Who consciously leaves what Allah (azza wa jal) has sent down and unjustly does not judge with it, becomes a Kāfir." [Tafsir at-Tabari]
9- Ibn Kathir says:
"Whoever let judge himself by the repealed laws and not by the laws of the Prophet (sallallahu alayhi wasallam) will clearly become a Kāfir. If this is so, what is the situation of those who leave the Islamic Sharia and let themselves be judged by the Yasaq and take the laws of the Yasaq instead the laws of the Islamic Sharia? You have to know this: Who acts in this way is with the consensus of Muslims a Kāfir". [Al-Bidaya wan-Nihaya Volume 13, p. 119]
10- The Shaykhul Islam of the Ottoman state Mustafa Sabri Efendi said:
"A political government that accepts secularism has opposed the judgments of Islam. That is why this government went apostate first, then those who followed it went apostate. Anyone who takes on a role in one of these political administrations becomes a murtad, as does all the masses who follow that government." [Mawkif al-Aql wal Ilm wal Alam min Rabbil Alamin Volume 4, p. 280]
11- Imam al-Ghazali Rahimahullah says in his book "Al-Munkizu min al-Dalaal" the wonderful and blessed words which are:
Man i’takada anna al-Dinaa dhalik wa al-Dawlata dhalika thumma Hajj al-Bayta thumma ma Tahawla al-Ka’bati al-Mukarramah qat Maadi Kafiran Abadah
This means: "Whoever believes that religious and government affairs are separate things and goes to Mecca with such a doctrine of faith and should die even in the most beautiful place where he makes the Tawaff arround the Ka'ba, he dies as a kafir for eternity"!
What about those who do not change a Sharia law, but the whole order?? What's their verdict???
All laws outside the Sharia, no matter how they are called, are based only on desire, lust and mood. You have to get rid of them.
„And thereafter We have placed thee upon the law of the religion; so follow it thou, and follow not the vain desires of those who know not. (18) Verily they cannot avail thee at all against Allah. And verily the wrong doers! friends are they one Unto another. And Allah is the protector (Walî) of the God-fearing. (19)“
[The noble Qur'an 45:18-19]
Every law that contradicts the Sharia is called a "Taghut":
Have you seen those (hyprocrites) who claim that they believe in that which has been sent down to you, and that which was sent down before you, and they wish to go for judgement (in their disputes) to the Tâghût (false judges) while they have been ordered to reject them. But Shaitân (Satan) wishes to lead them far astray. (60)
[The noble Qur'an 4:60]
Have you not seen those who have been given a portion of the Scripture? They are being invited to the Book of Allâh to settle their dispute, then a party of them turn away, and they are averse. (23)
[The noble Qur'an 3:23]
- أَلَمْ تَرَ"Te`accub" "Word of wonder"
What if the WHOLE PEOPLE turn away from it?
They (hypocrites) say: "We have believed in Allâh and in the Messenger (Muhammad SAW), and we obey," then a party of them turn away thereafter, such are not believers. (47)
[The noble Qur'an 24:47]
What about the people who all turn their backs from it?
-Ibn Kathir says to this verse that this is to be understood exactly like the 60th verse of Sura Nisa. They think they have Iman. But they're just guessing. They don't own it.
This is basically about "Teschrig" "legislation". This is categorized as "Haram" and "Helal" or as "Forbidden" and "Allowed".
Tashri' means: to legislate laws, to lay down laws, someone who legislate laws, someone who lays down laws.
Tashrik means: In one thing, take someone as a partner, have a partner, appoint a partner. In context, this means:
Whoever passes laws that are contrary to Allah's laws is thus someone who presents himself as a partner beside Allah and whoever does this is a kafir.
"Or have they partners with Allâh (false gods), who have instituted for them a religion which Allâh has not ordained? " [Sura 42:21]
Al-Ḥāfiz Ibn Kathīr said:
"That means: they do not follow what Allāh has set you as an right/makelless religion, for rather they follow what their Satans have set them by Ḍjinn and men."
Imām Ibn Ḍjarīr said: "They have invented for them something as a religion that Allāh has not allowed them to invent."
Imām al-Kurṭubī says: "They have nothing to do with him. Do they have gods who have set idolatry [as religion] for them, which Allāh has not allowed?"
Interpretation: These passages prove to us that the passing of laws does not belong to anyone but Allah. For Allah is the one to be worshipped. Who worships only Allah, must also only follow His laws. Whoever establishes a "religion" is meant here: If someone defines a law to act according to this law, where a law is abolished by Allah, has immediately presented himself as "God". And this one is a Taghut!
See the Sebeb-i Nuzul of this verse:
They (Jews and Christians) took their rabbis and their monks to be their lords besides Allâh (by obeying them in things which they made lawful or unlawful according to their own desires without being ordered by Allâh)" [Sura 9 Verse 31]
The postponing (of a Sacred Month) is indeed an addition to disbelief: thereby the disbelievers are led astray, for they make it lawful one year and forbid it another year in order to adjust the number of months forbidden by Allâh, and make such forbidden ones lawful. The evil of their deeds is made fair-seeming pleasing to them. And Allâh guides not the people, who disbelieve. (37) [The noble Qur'an 9:37]
-Just shifting the months is called "Kufr" here.
„Eat not (O believers) of that (meat) on which Allâh's Name has not been pronounced (at the time of the slaughtering of the animal), for sure it is Fisq (a sin and disobedience of Allâh). And certainly, the Shayâtin (devils) do inspire their friends (from mankind) to dispute with you, and if you obey them [by making Al¬Maitah (a dead animal) legal by eating it], then you would indeed be Mushrikûn (polytheists)“ [The noble Qur'an 6:121]
-Allah (swt) says that to the Sahabis who are praying, fasting and are tortered because of their Islamic faith. And those who do not deny a thing of Islam and consider Allah (swt) as lawmaker.
Verily, those who have turned back (have apostatise) as disbelievers after the guidance has been manifested to them — Shaitân (Satan) has beautified for them (their false hopes), and (Allâh) prolonged their term (age). (25) This is because they said to those who hate what Allâh has sent down: "We will obey you in part of the matter," but Allâh knows their secrets. (26)
[The noble Qur'an 47:25-26]
-The reason they became Murtad is that in some matters they followed these people.
-What about those who follow Kuffar in "all things"??
In the Qur'an even the presence next to the kufr is called "kufr":
And it has already been revealed to you in the Book (this Qur'ân) that when you hear the Verses of Allâh being denied and mocked at, then sit not with them, until they engage in a talk other than that; (but if you stayed with them) certainly in that case you would be like them. Surely, Allâh will collect the hypocrites and disbelievers all together in Hell, (140) [The noble Qur'an 4:140]
Imam Kurtubi says: "A consent to the Kufr is Kufr". (see Parliaments)
...The command (or the judgement) is for none but Allâh. He has commanded that you worship none but Him (i.e. His Monotheism), that is the (true) straight religion, but most men know not. (40) [The noble Qur'an 12:40]
-Allah calls His sovereignty "the right faith". How can some people say: "this is an unimportant subject" or "what does state and religion have in common?"
-To attribute the Hukum/Prayer/Creation to others is Schirk/Kufr
What the scholars say
1-Tabari:
Imam Ibnu Jareer At-Tabari said: "HE (subhanahu wa taala) says whoever hides the Hukm ALLAHS (subhanahu wa taala) He revealed in His book and made it a law between His servants and judges with another law, like the Jew's Hukm on female fornicators with the flogging of the guilty and the blackening of their faces and the Hukm of stoning to hide and like their judgment on some of their murdered with full blood money and some with half blood money.
And in regard to the noble people that they would have Qisaas, but the common man gets the blood money.But ALLAH made them all the same in the Torah: ...these are Al-Kaafiruun.They are the people who kept hidden the truth, which they (actually) had to uncover and make clear.And they hid it from the people and showed them something else, and they judge (the Changed Hukm) by bribery that they had accepted from them". [Tafsir At-Tabari Volume 4/592]
2- Ishak ibn Rahawiyyyeh: "The whole Ummah forms a consensus (Ijma), those who offend Allah and His Messenger, who do not accept a matter which Allah has revealed, or kill a prophet, he is a kafir and leaves the Islamic population. Even if he accepts all that Allah has revealed."
3- Imam Shaafii: "The one who gives a law outside Islamic law (rules) is neither a Muctehid nor a Muslim."
4- Ibn Hazm about the verse إِنَّمَا النَّسِيءُ زِيَادَةٌ فِي الْكُفْرِ
"They have declared the forbidden to be permitted in a matter and Allah (swt) has called it "Kuffar"".
Ibn Hazm: "There is no difference between changing with the mind a law of Allah (making Haram to Helal) or abolishing the whole Islamic system".
5- Fahreddin Ar-Razi about Sura Noor 63
And let those who oppose the Messenger's (Muhammad SAW) commandment (i.e. his Sunnah— legal ways, orders, acts of worship, statements) (among the sects) beware, lest some Fitnah (disbelief, trials, afflictions, earthquakes, killing, overpowered by a tyrant) should befall them or a painful torment be inflicted on them. (63) [Sura 24 Verse 63]
"He who denies but one commandment from Allah or His Messenger leaves the religion." As Delil he gives the example of the Sahabe with Ridda through Zekaat.
6- Hanefi Scholar Jessas on the verse
But no, by your Lord, they can have no Faith, until they make you (O Muhammad SAW) judge in all disputes between them, and find in themselves no resistance against your decisions, and accept (them) with full submission. (65) [Sura 4 Verse 65]
"This means that whoever does not accept or does not like one command will fall out of Islam.“
7- Ismail Kadi: "Whoever does as the Jews do (accepts the whole law, but changes only one judgment) deserves all the promises that have been made about the Jews. Kafir, Zalim and Fasik."
8- Imam Davudi was asked about the Fatimites (Ubeydi) what their verdict was. They did not judge according to Sharia law: "The Imam who even prays for them is a kafir." [Kadi Iyad]
9- Ibn Kesir about the 50th verse of the Sure Maide: "The Tartars wrote a law consisting of the Koran and other books. Those who do the same are kuffar just like they are. And jihad against them becomes a duty." [Ibn Kathir about the Verse 50 of Sura Maida (5)]
Firstly: Tayyib Erdogan clearly rejects Sharia law! He who rejects Sharia law rejects Allah's laws! He who rejects the laws of Allah will not judge in the same way, even with these laws! And whoever does this is undoubtedly a kafir according to Islam!
Secondly, the administration of politics is the Constitution! Is this constitution based on Sharia law? No! They were written by humans and were established as laws, because that is the purpose of an administration.
Thirdly, it is up to the people to lead this Constitution! This means that the legislation is up to the people and not Allah! If one should say it is a matter for Allah and the people, then they should also say that there is another God besides God!
What Tayyib Erdogan and his kind do, people did before them, to which one gave the judgement of a Kafir. We quote from Ibn Kathir, about a book what Yasak called of the Tartars. Yasak was a book that contained laws of Christianity, Judaism and Islam, all of which were mixed up. In ibn Kathir's Tafsir it says:
"Just as the Tartars judge with the royal policies they have adopted from their king Jingis Khan, who set up/designed Yeṣaq for them.This[Yesaq] is a bundled book consisting of laws, which it has adopted from[the] most diverse legislations......from Judaism, Christianity and the Islamic Millah (people).Again, there are laws that he has drawn up from his mere opinion and desire.This[Yesaq] became a schematic/routine legislation among his descendants, which they prefer to the law of the book Allāhs and the Sunnah of His Messenger.And whoever does this is a Kāfir that must be fought until it returns to the law Allāhs and its messenger (sas) to judge...without him judging by anything else - neither in small nor in large proportions.“ [Tafsīr Ibn Kathīr 3/131]
10- In al-Bidaya wa an-Nihaya ibn Kathir says:
"He who leaves the clear Sharia, revealed to Muhammad Ibn Abdullah, the seal of the prophets (sas.), and takes up the Hukm from elsewhere, from the laws of the Kufr, which were annulled, then he has become unbelieving. So what about someone who takes the hukm from "Yesaq" (the law of the Tartars, which mixed Sharia judgements with fictional laws) and puts it in the foreground?! Whoever does this has disbelieved through the'Ijmaa' of Muslims."
[Al Bidaayah wa Nihaayah Volume 13/ 119]
Fourthly: Tayyib Erdogan says "that he is clearly a democrat". What more do democracy sympathizers want from us when the man they themselves defend admits to being " open"? He clearly says: "We do not accept (i.e. we reject) that government affairs are taken out of religious principles". This means: We do not judge with what Allah has revealed, but with our own laws!
Fifthly: from Atatürk to Erdogan, everyone in Turkey is in favour of secularism and rejects the establishment of Islam as a law.Laicism is Kufr and a laicist is a Kafir! This says Imam al-Ghazzāli, explained by Timurta's Ucar Hoca and Metin Hoca, who brings the Fatwā of Imam al-Kawthari in this regard.
Another proof that Tayyip Erdoghan is particularly for the laicism, we notice by the fact that he suggests the laicism to other countries.
11- Ebu Suud Efendi - Es Shevkani said the same on this subject.
12- Shaykhul Islam of the Ottoman Empire Mustafa Sabri Efendi said:
"A political government that accepts secularism has opposed the judgments of Islam. That is why this government went astray first, then those who followed it became apostates. Anyone who takes on a role in one of these political administrations becomes a murtad, as does all the masses who follow that government." [Mawkif al-Aql wal Ilm wal Alam min Rabbil Alamin Volume: 4, p. 280]
The verse "Whoever does not judge by what Allah has revealed, these are the Unbelievers"(5:44) is a clear verse, clear as glass. Anyone who interprets it in order to label those who clearly reject Allah's laws and bring their own laws as Muslims, is playing with these clear words from Allah!
13- Sayyid Kutub:
We have already mentioned the reason for this hard judgment. Whoever does not judge with what Allah has sent down, thus rejects the'‘Uluhiyyāh" from Allah. This judging with legislation belongs to the unchanging '‘Uluhiyyāh" of Allah. Those who judge with something other than what Allah has revealed, reject on the one hand His '‘Uluhiyyah and the peculiarities of his '‘Uluhiyyāh" and on the other hand, these people attributes to themselves the '‘Uluhiyyah" and all the peculiarities of the "Uluhiyyah" of Allah. If this is not a Kufr, what is Kufr?
The action[Fi'il] which is even clearer than the tongue[Lisān], which shows deeds according to the command of the Kufr, what is the value of such a person who puts Islam and his Dawah in the center of attention with his tongue? To argue in this manifest, final and unambiguous judgment is no more than to flee the truth!
To use a "Ta'’wīl" in such judgments means nothing more than to try to distort the words of its lawful authority
-Original text summarized by Furkan bin Abdullah-
http://kalifat.org/scholars-about-the-takfir-on-todays-governments_d1059.html