The Third Evidence

The saying of Allāh the Almighty: ﴿أَلَمْ تَرَ إِلَى الَّذِينَ يَزْعُمُونَ أَنَّهُمْ آمَنُوا بِمَا أُنزِلَ إِلَيْكَ وَمَا أُنزِلَ مِن قَبْلِكَ يُرِيدُونَ أَن يَتَحَاكَمُوا إِلَى الطَّاغُوتِ وقد أمرُوا أَن يَكْفُرُوا بِهِ وَيُرِيدُ الشَّيْطَانُ أَن يُضِلُّهُمْ ضَلَلاً بَعِيدًا﴾ "Have you not seen those who claim to believe in what has been revealed to you and what was revealed before you, yet they wish to refer judgment to Ṭāghūt (false gods), although they were commanded to reject it, and Shayṭān desires to lead them far astray." [Surah An-Nisā', 60]. If it is said: Whoever seeks judgment from other than the Sharī‘ah becomes a disbeliever, as Allāh has judged such behavior as hypocrisy, what then about those who rule by something other than Shariah? The First: While the Āyah is indeed directed at hypocrites, it can be interpreted in two ways: 1- Their Ēmān is alleged (i.e., they have become hypocrites) due to their desire to seek judgment from Ṭāghūt, which is the point raised by the opposition. 2- Among the characteristics of these so-called believers (hypocrites) is their wish to refer judgment to Taghut. Resembling the hypocrites in one of their traits, such as lying, does not necessarily imply disbelief. According to this interpretation, someone who rules by other than what Allāh has revealed shares only one trait with hypocrites, which does not, by itself, amount to disbelief unless supported by further evidence. I say: If a matter is ambiguous regarding whether it constitutes disbelief or not, it should not be declared as disbelief based on an ambiguous matter. Disbelief must be established with certainty, and caution is necessary. No evidence shows that their being judged as hypocrites is solely due to their referring judgment to something other than Allāh. The Second: The intention of these individuals is a specific one, so it cannot be used general proof to declare takfīr (on those who merely rule by other than Allah), as Anyone who does not believe in the necessity to reject Taghut is undeniably in a state of major disbelief. Aṭ-Ṭabari, may Allāh have mercy on him, said: «﴿يُرِيدُونَ أَن يَتَحَاكَمُوا﴾ في خصومتهم، ﴿إلَى الطَّاغُوتِ﴾ يعني: إلى من يُعظّمونه، ويصدرون عن قوله، ويرضون بحكمه من دون حكم الله {وقد أُمِرُوا أَن يَكْفُرُوا بِهِ﴾ [النساء ٦٠] يقول: وقد أمرهم أن يكذبوا بما جاءهم به الطاغوت الذي يتحاكمون إليه، فتركوا أمر الله واتبعوا أمر الشيطان» "'They wish to refer judgment', meaning those whom they revere, follow, and accept their judgment over Allāh’s judgment. 'Although they were commanded to reject it,' meaning they were instructed to reject what the Ṭāghūt they refer to has brought, yet they abandoned Allāh’s command and followed the devil’s command." [Tafsir Aṭ-Ṭabari (96/5)]