The Final Fatwa of Ibn ’Uthaymīn, may Allāh have mercy on him, Regarding the Issue of Ruling by Other Than What Allāh Has Revealed, known as:
«التحرير في مسألة التكفير».
“Clarification on the Issue of Takfīr.”
Question (1):
All praise is due to Allāh, and peace and blessings be upon the Messenger of Allāh. I testify that there is no deity worthy of worship except Allāh, alone without partner, and I testify that Muḥammad is His slave and Messenger. To proceed: This question is being presented through a phone call, and it is also being recorded for the…
However, the consensus that has been transmitted is actually to the contrary—that a tyrannical ruler does not necessarily fall into disbelief, as mentioned earlier (p. #).
Ibn Kathīr, may Allāh have mercy on him, commented on some of the rulings in the Tatar code book (the Yasa or Yasaq), stating:
«وفي ذلك كله؛ مُخالفة لشرائع الله المنزلة على عباده الأنبياء عليهم الصلاة والسلام، فمن تَرَكَ الشَّرْعَ المُحْكَم المُنَزَّلَ على محمد بن عبد الله خاتم الأنبياء، وتحاكم إلى غيره من الشرائع المنسوخة؛ كَفَرَ ؛ فكيف بمن تحاكم إلى الياسا وقدَّمها عليه؟ من فعل ذلك؛ كفر؛ بإجماع المسلمين»
"All of…
A third reason for revelation is the statement of Ibn ’Abbas, may Allāh be pleased with him: Abū Barzah Al-Aslami was a soothsayer who used to settle disputes among the Jews. Some Muslims went to him for judgment, and Allāh revealed the Āyah: “Have you not seen those who claim to believe...” [An-Nisā': 60]. ['Asbāb An-Nuzūl' of Al-Wāḥidi, p. 118; 'Al-Mu’jam Al-Kabīr' of Aṭ-Ṭabarāni 12045].
Al-Haythami, may Allāh…
Another reason for its revelation: Two men had a dispute, and one of them said, "Let us take the matter to the Prophet ﷺ," while the other said, "Let us refer it to Ka’b ibn Al-Ashraf." They then went to ’Umar, and one of them explained the situation. ’Umar asked the one who refused the judgment of the Messenger of Allāh ﷺ, "Is this true?" He replied, "Yes." Upon hearing this, ’Umar struck him with his sword and…
The revelation of Allāh’s words:
﴿أَلَمْ تَرَ إِلَى الَّذِينَ يَزْعُمُونَ أَنَّهُمْ آمَنُوا بِمَا أُنزِلَ إِلَيْكَ وَمَا أُنزِلَ مِن قَبْلِكَ يُرِيدُونَ أَن يَتَحَاكَمُوا إِلَى الطَّاغُوتِ وَقَد أُمِرُوا أَن يَكْفُرُوا بِهِ وَيُرِيدُ الشَّيْطَانُ أَن يُضِلَّهُم ضلالا بَعِيدًا﴾
“Have you not seen those who claim to have believed in what was revealed to you and what was revealed before you? They wish to refer to the…
Allāh's statement:
﴿أَفَحُكْمَ الْجَاهِلِيَّةِ يَبْغُونَ وَمَنْ أَحْسَنُ مِنَ اللهِ حُكْما لِقَوْمٍ يُوقِنُونَ﴾
"Do they then seek the judgement of (the days of) Ignorance? And who is better in judgement than Allâh for a people who have firm Faith" [Al-Mā'idah: 50].
If someone says: Allāh has described ruling by other than the Sharī‘ah as a judgment of ignorance, which implies disbelief.
The response:…
Allāh's statement:
﴿وَمَا اخْتلَفْتُم فِيهِ مِن شَيْءٍ فَحُكْمُهُ إِلَى الله﴾
"And whatever you differ concerning, its ruling is to [be referred to] Allāh" [Ash-Shūrā: 10].
If someone says: Whoever refers to other than Allāh’s law has opposed His command
The response: The Āyah indicates the obligation to refer to the Sharī‘ah, and there is no dispute regarding this point, just as there is no dispute regarding…
Allāh's statement:
﴿اتَّخَذُوا أَحْبَارَهُمْ وَرُهْبَانَهُمْ أَرْبَابًا مِّن دُونِ الله﴾
“They have taken their rabbis and monks as lords besides Allāh.” [At-Tawbah 9:31].
If someone says: The People of the Book, by obeying their scholars and monks in ruling by other than what Allāh revealed, were described by Allāh as taking them as lords besides Him, and this act constitutes shirk.
The response is: Obedience…
Allāh's statement:
﴿إنِ الْحُكْمُ إِلَّا للهِ﴾
“Judgment belongs to none but Allāh.” [Al-An’ām 57, Yūsuf 40]
If someone says: Whoever creates laws on their own accord is challenging Allāh in a matter exclusive to Him, and therefore, is a disbeliever.
The response is threefold:
1. It is not conceded that a ruler who judges by other than what Allāh has revealed is necessarily challenging Allāh’s authority simply…
Allāh's statement:
﴿وَلَا يُشْرِكُ فِي حُكْمِهِ أَحَدًا﴾
"and He shares not His legislation with anyone." [Al-Kahf 26]
If someone says: Whoever rules by other than what Allāh has revealed makes himself a partner with Allāh in His judgment, and thus he is a disbeliever.
The response to this is twofold:
1. It cannot be accepted that anyone who rules by other than what Allāh has revealed is, in all cases,…
Allāh's statement:
﴿أَمْ لَهُمْ شُرَكَاء شَرَعُوا لَهُم مِّنَ الدِّينِ مَا لَمْ يَأْذَنُ بِهِ الله﴾
"Or do they have partners who have legislated for them of the religion that which Allāh has not authorised?" [Ash-Shūrā 421]
If someone said: The one who rules by other than what Allāh has revealed is sharing in Allāh’s legislation, and thus he is a disbeliever.
The response: The Āyah only refers to the disbelief…
Allāh's statement:
﴿وَإِنَّ الشَّيَاطِينَ لَيُوحُونَ إِلَى أَوْلِيائهِمْ لِيُجادلُوكُمْ وَإِن أَطَعْتُمُوهُمْ إِنَّكُمْ لمشركونَ﴾
"Indeed, the devils inspire their allies to dispute with you. And if you obey them, indeed, you would be polytheists" [Al-An’ām 121]
If someone says: Whoever obeys anyone other than Allāh in matters that contradict His command has committed shirk.
The response to this is twofold:
1.…
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…
Just as it is not permissible to interpret the ḥadīth as referring to disbelief—since it is known that disbelief is only forgiven through repentance—it is equally not permissible to restrict it to min
If someone says: the Āyah negates Ēmān for those who do not refer to the Shariah for judgment, this does not necessarily mean that the particular Companion in question is a disbeliever, as passing judgment on an individual requires fulfilling certain conditions and removing any impediments.
The response is that this Companion holds a special status since the text was revealed specifically about him. It is not…
"Any term or label negated by Allāh and His Messenger, such as the terms 'Ēmān,' 'Islam,' 'Religion,' 'prayer,' 'fasting,' 'purity,' and 'pilgrimage,' refers to the abandonment of an essential compone
He also said:
«فما جاء من نفي الأعمال في الكتاب والسنة فإنما هو لانتفاء بعض واجباته كقوله تعالى: ﴿فَلَا وَرَبِّكَ لَا يُؤْمِنُونَ حَتَّى يُحَكِّمُوكَ فِيمَا شَجَرَ بَيْنَهُمْ ثُمَّ لَا يَجِدُوا فِي أَنفُسِهِمْ حَرَجًا مِّمَّا قَضَيْتَ وَيُسَلِّمُوا تَسليمًا﴾ [النساء ٦٥]»
"Whenever actions are negated in the Qur'ān and Sunnah, it is due to the absence of some of their obligations, as seen in the Āyah: 'But no, by…
I say: If what is negated for the second and third types is perfection, then it must also be the case for the first. And if the second and third types are not considered disbelievers, then the same ap
When you compare this to Ibn Taymiyyah’s statement (may Allāh have mercy on him):
«وهذه الآية مما يحتج بها الخوارج على تكفير ولاة الأمر الذين لا يحكمون بما أنزل الله»
“This Āyah is one of the evidences used by the Khawarij to declare takfīr on the rulers who do not judge by what Allah revealed.” [Minhāj As-Sunnah (5/131)], the matter becomes clear.
The second صارف (diversional evidence), which requires careful…
The saying of Allāh Almighty:
﴿فَلَا وَرَبِّكَ لَا يُؤْمِنُونَ حَتَّى يُحَكِّمُوكَ فِيمَا شجر بينَهُمْ ثُمَّ لَا يَجِدُوا فِي أَنفُسِهِمْ حَرَجًا مِّمَّا قَضَيْتَ وَيُسَلِّمُوا تَسْلِيمًا﴾
"But no, by your Lord, they will not [truly] believe until they make you, [O Muḥammad], judge concerning that over which they dispute among themselves and then find within themselves no discomfort from what you have judged and…
(1) Ibn Taymiyyah, may Allāh have mercy upon him, said regarding the interpretations of the Tābi’ūn, may Allāh have mercy upon them:
«إذا أجمعوا على الشيء؛ فلا يُرتابُ في كونه حجة، فإن اختلفوا؛ فلا يكون قول بعضهم حجة على بعض، ولا على من بعدهم، ويُرْجَعُ في ذلك إلى لغة القرآن أو السنة، أو عموم لغة العرب، أو أقوال الصحابة في ذلك»
"If they are unanimously agreed on a matter, there is no doubt that it serves as proof. If they differ, the view of some cannot be used as proof against others against later generations. In such cases, reference should be…
Responding to The Opponents' Main Evidences
They are Fourteen Evidences
The First Evidence
The statement of Allāh the Almighty:
﴿وَمَن لَّمْ يَحْكُم بِمَا أَنزَلَ اللهُ فَأُوْلَئكَ هُمُ الكَفِرُونَ﴾
"And whoever does not judge by what Allāh has revealed - then it is those who are the disbelievers." [Al-Mā'idah 44]
If it is said: the ruler who does not govern according to what Allāh has revealed is a…
1. If someone denies the disbelief of such a person based on the belief that "disbelief only occurs when someone does istiḥlāl," then this is the view of the Irjā'.
2. If someone declares them a disbeliever based on the principle that "committing a major sin constitutes disbelief," then this is Khawarijism.
3. However, if someone’s position is based on evidence and free from the principles of the Murji'ah or the Khawarij, then they are considered Sunni, regardless of whether they declare the neglectful one a disbeliever or not.
Our three scholars, may Allah have mercy on them,…
Whoever asserts that it is obligatory to listen to and obey the rulers, even if they are unjust, has left the Murji’ah
This is because the Murji'ah do not recognise the legitimacy of obedience to unjust rulers; instead, they advocate for armed rebellion.
’Abdullāh ibn Ṭāhir, may Allāh have mercy on him, said about the Murji’ah:
«لا يرون للسلطان طاعة»
"They do not believe in obedience to the ruler" [’Aqīdat…
Whoever asserts that disbelief (kufr) can occur through either speech or action has left the Murji’ah
This is because the Murji'ah do not consider actions to be a part of Ēmān; for them, actions neither strengthen nor weaken Ēmān. Thus, according to them, the only way to fall into disbelief is through incorrect beliefs.
Ibn Taymiyyah, may Allāh have mercy on him, commented on those who insist on the condition of…
Whoever accepts the permissibility of making exceptions in matters of Ēmān has left the Murji’ah
’Abdurraḥmān ibn Mahdī, may Allāh have mercy on him, said:
«إذا تَرَكَ الاستثناء؛ فهو أصْلُ الإرجاء»
"If one abandons making exceptions, this forms the basis of Irjā.'" [Ash-Sharī’ah by Al-Ājurrī (2/664)]
Ibn Taymiyyah, may Allāh have mercy on him, said:
«وأما مذهب سلف أصحاب الحديث؛ كابن مسعود، وأصحابه، والثوري، وابن…
Whoever asserts that Ēmān increases and decreases has left the Murji’ah
Aḥmad ibn Ḥanbal, may Allāh have mercy on him, was asked about the one who says, "Ēmān increases and decreases." He replied:
«هذا بَرئ من الإرجاء»
"This person has freed himself from Murji'ism" [As-Sunnah of Al-Khallāl (2/1009), and refer to As-Sunnah of ’Abdullāh (307/1/600)].
Al-Barbahāri, may Allāh have mercy on him, said:
«ومن قال:…