The Second Issue:

Some of the notables use this case as evidence for declaring one a disbeliever, arguing that creating such a law challenges one of Allāh's exclusive attributes—namely, legislation. I say: The truth is that the matter requires further clarification because the one who creates these laws falls into one of two categories: First: The individual undertakes the act and explicitly claims for himself the right to legislate, not merely through their actions but through a direct assertion. Such a person has undoubtedly fallen into major disbelief because they have deemed permissible what Allāh has forbidden. Second: The individual undertakes the act without claiming such a right. This person is not to be declared a disbeliever for three reasons: 1. There is no clear evidence to prove their disbelief. 2. Ahlus-Sunnah do not declare a bad companion, who legitimises sin, beautifies it, and encourages others to commit it, as a disbeliever. Although, according to this view, such a person would be considered a disbeliever, they are not declared so by the consensus of Ahlus-Sunnah. 3. Ahlus-Sunnah do not declare the image-makers who do not regard prohibited image-making as permissible to be disbelievers. In the divine ḥadīth, Allāh says about them: ((من أظلم ممَّن ذهب يخلق كخلقي؟)) "Who is more unjust than one who tries to create as I create?" [Bukhāri 5953, Muslim 5509]. And the Prophet ﷺ said: ((أشد الناس عذاباً يوم القيامة الذين يضاهون بخلق الله)) "The people who will face the harshest punishment on the Day of Resurrection are those who try to imitate Allāh's creation" [Bukhāri 5954, Muslim 5494]. I say: The image-maker has made himself a creator alongside Allāh, and the legislator has made himself a lawmaker alongside Allāh. Thus, whoever declares this legislator to be a disbeliever should also declare this image-maker as such as well—as both are equal in this regard. Yet, the image-maker is not considered a disbeliever by consensus of Ahlus-Sunnah. In conclusion, the consensus of Ahlus-Sunnah that neither the bad companion nor the image-maker is to be declared a disbeliever serves as conclusive evidence for what I have previously established. This is an important point so memorise it.