MAN-MADE LAWS VS SHARI’AH – Book Sample
THE TEXTS WHICH PROVE THAT IT IS OBLIGATORY TO REFER FOR JUDGEMENT TO THE LAWS OF ALLAH
Most of these texts are in the Qur’an, and those which are narrated in the Sunnah mostly explain the reason for the revelation of the texts (sabab an-nuzool) or the meaning of the texts (tafeeer).
This chapter will be divided into two parts:
1) The general texts which prove that it is obligatory to refer for judgement to the laws of Allah, or which forbid following the laws of anyone other than Him. It will be sufficient to quote some of them, and to quote the comments of some of the mufassireen on some of them.
2) The aayaat which make it obligatory to refer for judgement to the shari’ah of Allah, or which forbid referring for judgement to any other (laws), but which came with the ruling that the one who goes against this is not a believer, or has taken lords instead of Allah, or is guilty of shirk, etc. This will be explained in some detail. With regard to the aayah,
(And whosoever does not judge by what Allah has revealed, such are the kaafiroon [i.e. disbelievers]) al-Maidah ((Qur ‘an 5: 44))
The General Aayaat Which Prove that it is Obligatory to Refer for Judgement to the Laws of Allah
And of mankind are some who take [for worship] others besides Allah as rivals [to Allah]. They love them as they love Allah .. ) al-Baqarah ((Qur’an 2: 165))
Meaning of “Nadd” according to Tabari – MAN-MADE LAWS VS SHARI’AH
At-Tabari mentioned that the word “nadd” (pl. andaad, translated here as “rivals”) means a peer or one of equal rank. Then he mentioned two views concerning the rivals who used to be worshipped instead of Allah. One view is that they are the gods which are worshipped instead of Allah. Then he said: “Others said that the ‘rivals’ referred to here are their leaders whom they used to obey in matters that involved disobedience to Allah… (Then he narrated from As-Suddi): And of mankind are some who take [for worship] others besides Allah as rivals [to Allah]. They love them as
they love Allah … . He said, these are rivals among men whom they obey as they should obey Allah; when they issue commands, they obey them and disobey Allah. ((1 Tafseer a/-Tabari, 3/280, Ed. by Shaakir.))
Hence when lbn Jareer spoke about the aayah of Soorah al-Baqarah, the second chapter of the Qur’an (2: 165) quoted above, and the following aayah, and about how those who are followed will disown those who follow them, he said, “With regard to the aayah:
When those who were followed disown [ declare themselves innocent of] those who followed [them] .. ) ((Qur’an 2: 166))
it only refers to the rivals who are taken instead of Allah by those people whom Allah described in the verse, ◄And of mankind are some who take [for worship] others besides Allah as rivals [to Allah]..) (Qur ‘an 2: 165). These rivals are the ones who will disown their followers. If the aayah indicates this, then the way in which AsSuddi interpreted, it is correct, when he said that in the aayah, (And of mankind are some who take [for worship] others besides Allah as rivals [to Allah]..),
Who are the “andaad”/rivals – MAN-MADE LAWS VS SHARI’AH
the word ‘rivals’ (andaad) in this case referred to human rivals whom they obey when they issue commands, and they disobey Allah by obeying them. The believers, in contrast, obey Allah and disobey others besides Him. And the view that the aayah, When those who were followed disown [ declare themselves innocent of] those who followed [them]. .. (Qur’an 2: 166) refers to the Shayaateen (devils) who will disown their human followers, is incorrect, because the context of this aayah is speaking of those who take rivals. “(( Tafteer ar-Tabari, 3/288, Ed. by Shaakir.))
lbn al-Qayyim (may Allah have mercy on him) spoke at length about this aayah when he discussed the status of love in Madaarij asSaalikeen. Among the things he said was: “Creation and commanding, reward and punishment, all stem from love and are for its sake. This is the truth for which the heavens and the earth were created. This is the truth which includes commands and prohibitions, and this is the secret of being devoted to One God and of loving Him Alone. (This truth) is the testimony that there is no god except Allah. “(( Madaarij as-Saalikeen, 3/19.)) Then he said: “Allah() says: And of mankind are some who take [for worship] others besides Allah as rivals [to Allah] … .
Here Allah tells us that whoever loves anything else as he loves Allah is one of those who have taken (for worship) rivals besides Allah. This is a rival in love, not in creation or Lordship. For no one among the people of this earth claims that this is a rival in Lordship, unlike the case of a rival in love, for most of the people of this earth have taken rivals in love and veneration to Allah
Differentiating between the Shar’i System and the Administrative System – MAN-MADE LAWS VS SHARI’AH
Two groups make mistakes concerning this issue.
The first group thinks that every system devised by the ruler is a case of ruling by something other than that which Allah has revealed, even if it is a purely administrative system which does not lead to permitting that which Allah has forbidden or forbidding that which Allah has permitted, or does not go against the laws of Allah.
The other group thinks that so long as the ruler is permitted to issue administrative regulations, then every system that the ruler devises with the intention of serving the society is justifiable, so long as the ruler declares his commitment to Islam, even if these laws and systems involve something that goes against the laws of Allah, because they are matters of necessity, and other such justifications.
Both groups have misunderstood this issue. The correct way is to differentiate between systems which go against the laws of Allah, and administrative systems which do not involve going against the rulings of Allah. The former is not permissible whilst there is nothing wrong with the latter.
Is every man made system Kufr?
One of those who drew attention to this fact is Shaykh Ash-Shanqeeti (may Allah have mercy on him), who after discussing the issue of promulgating legislation without any authority from Allah and ruling by something other than that which Allah has revealed, said:
“It should be noted that we should differentiate between man-made systems, promulgating which constitutes kufr or disbelief in the Creator of the heavens and the earth, and systems which do not constitute kufr.
This may be clarified by pointing out that systems are of two types, administrative and legislative. Administrative systems are those intended for the purposes of organization and efficiency, without going against the shari’ah. There is nothing wrong with this, and there was no dispute concerning this among the aaabah and those who came after them.
‘Umar () did many such things which were not done at the time of the Prophet(), such as recording the names of the troops in a book so as to keep track of who was absent and who was present, even though the Prophet () did not do that, and he did not know that Ka’b ibn Maalik had stayed behind from the campaign ofTabook until after he reached Tabook. And ‘Umar () bought the house of $afwaan ibn Umayyah and made it into a prison in Makkah, although neither the Prophet() nor Abu Bakr() had established a prison.
Example of good man-made system – MAN-MADE LAWS VS SHARI’AH
There is nothing wrong with administrative matters such as these, which are done for the sake of efficiency and do not go against shari’ah, such as organizing the affairs of employees or organizing the administration of work in a manner that does not go against shari’ah. This kind of man-made system is fine, and it does not go against the shar ‘i aims of taking care of the general interests of people.
But promulgating legislative systems that go against the shari’ah of the Creator of the heavens and the earth, and referring to them for
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