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THE TÂGHÛT OF JUDGEMENT AND SEEKING JUDGEMENT FROM THE TÂGHÛT | IBNU SAHMÂN

Started by Subul’us Salâm, 12.05.2023, 02:22

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Subul’us Salâm


The Tâghût of Judgement and Seeking Judgement from the Tâghût1

Shaykh Sulaymân bin Sahmân (1349 H)
Rahimahullâhu Taâlâ

Shaykh Sulaymân bin Sahmân Rahimahullâhu Taâlâ also said:

[The Definition of Tâghût and Refraining from the Tâghût]

In the name of Allâh, the Most Gracious, the Most Merciful.

These are a few words clarifying the Tâghût as well as the obligation of refraining from it. Allâhu Taâlâ said,


ﵟلَآ إِكۡرَاهَ فِي ٱلدِّينِۖ قَد تَّبَيَّنَ ٱلرُّشۡدُ مِنَ ٱلۡغَيِّۚ فَمَن يَكۡفُرۡ بِٱلطَّٰغُوتِ وَيُؤۡمِنۢ بِٱللَّهِ فَقَدِ ٱسۡتَمۡسَكَ بِٱلۡعُرۡوَةِ ٱلۡوُثۡقَىٰ لَا ٱنفِصَامَ لَهَاۗ وَٱللَّهُ سَمِيعٌ عَلِيمٌﵞ [البقرة: 256]

"There is no compulsion in the religion. The right path has become clear from the wrong path. So whoever disbelieves in the Tâghût and believes in Allâh has grasped the unbreakable, firmest handhold. And Allâh is as-Samî (Hearing) and al-Alîm (Knowing)." (al-Baqarah, 2/256)

Allâhu Taâlâ has clarified in this verse that the one who grasps al-Urwat'ul Wuthqâ (firmest handhold) is the one who rejects the Tâghût. In this verse, Allâhu Taâlâ preceded rejecting the Tâghût over believing in Allâh, since it is possible that a person alleges that he believes in Allâh while he does not reject the Tâghût, and his claim will be a lie.

Allâhu Taâlâ said,


ﵟوَلَقَدۡ بَعَثۡنَا فِي كُلِّ أُمَّةٖ رَّسُولًا أَنِ ٱعۡبُدُواْ ٱللَّهَ وَٱجۡتَنِبُواْ ٱلطَّٰغُوتَۖﵞ [النحل: 36]

"And verily, We have sent among every nation a Messenger (proclaiming), "Worship Allâh (Alone), and refrain (worshipping) the Tâghût." (an-Nahl, 16/36)

In this verse, Allâh informs us that all messengers were sent with refraining from the Tâghût. Therefore, whoever does not refrain from the Tâghût is opposing all the messengers. Allâhu Taâlâ said,


ﵟوَٱلَّذِينَ ٱجۡتَنَبُواْ ٱلطَّٰغُوتَ أَن يَعۡبُدُوهَا وَأَنَابُوٓاْ إِلَى ٱللَّهِ لَهُمُ ٱلۡبُشۡرَىٰۚﵞ [الزمر: 17]

"And those who refrain from worshipping the Tâghût and turn fervently to Allâh, for them there is good news." (az-Zumar, 39/17)

There are many arguments from many aspects in these verses denoting the obligation of refraining from the Tâghût. What is intended by refraining is hating and showing enmity towards it with the heart, insulting and rebuking it with the tongue, and when capable of doing so, putting an end to it by hand and separating from it. Whoever claims to refrain from the Tâghût and has not done these, then he is not truthful.

As for the reality of the Tâghût and what is intended by it, then there are numerous expressions from the Salaf regarding them. The best that has been stated with this regard is the statement of Ibn'ul Qayyim Rahimahullâhu Taâlâ, when he said,

"Tâghût is whatever a human exceeds his limit by worshipping, following or obeying (besides Allâh). Therefore, the Tâghût of every nation is whom they appeal to for judgment instead of Allâh and His Messenger, whom they worship besides Allâh, whom they follow without insight coming from Allâh, or whom they obey in matters that they do not know to be obedience to Allâh. All of these are the Tawâghît (pl. of Tâghût) of the universe. When you ponder upon the Tâghût and ponder upon the condition of people with the Tâghût, you will find that most of them are those who have turned away from worshipping Allâh to the worship of the Tâghût, they have turned away from the obedience of Allâh and following His Rasûl to the obedience of and following the Tâghût."

End quote from Ibn'ul Qayyim.2

Ibn'ul Qayyim's statement in brief is that the Tâghût is of three types:

1) Tâghût of Judgment,

2) Tâghût of Worship, and

3) Tâghût of Obedience and Following.




1- Ad-Durar'us Saniyyah, 10/502-511.

2- Ibn'ul Qayyim, I'lâm'ul Muwaqqi'în, Dâr'ul Kutub'il Ilmiyyah, 1/40.
"If the ignorant persists, gets haughty, is determined upon his transgression and misguidance, chooses blindness over guidance, and if what he falls into and disputes with regards to is Shirk Akbar (major Shirk) that brings the person who commits it out of the fold of the faction of Muslims to the party of polytheists, then in this case, the just verdict is the sword!" (al-Fath'ur Rabbânî min Fatâwâ'l Imâm ash-Shawkânî, 1/185)

Subul’us Salâm


[The Tâghût of Judgement and Seeking Judgement from the Tâghût]

This document is aimed at the Tâghût of Judgment. This is because many of the groups that ascribe themselves to Islâm have started to appeal to the traditions of their ancestors for judgement, and they call this Haqq3 according to the Shar'iâh (law) of Rafâqah, just as they say, the Shar'iâh of Ajmân, the Shar'iâh of Qahtân, and other than that.4 This is exactly the same Tâghût whom Allâh commanded to refrain from.

In his book al-Minhâj, Shaykh'ul Islâm Ibnu Taymiyyah and as well as Ibnu Kathîr in his Tafsîr mentioned that whoever commits this act is a disbeliever in Allâh. Ibnu Kathîr added that it is obligatory to fight against him until he returns to the judgment of Allâh and His Messenger.

Shaykh'ul Islâm said, "Undoubtedly, the one who does not believe in the obligation of ruling with what Allâh has revealed to His Messenger is a Kâfir. Whoever legitimatizes ruling between people with what he views as justice without following what Allâh revealed is a Kâfir. This is because all nations command to rule with justice.

In their religion, justice may be whatever their elders view as justice. Rather, many of those who ascribe themselves to Islâm judge by their customs which Allâh has not revealed, just like the predecessors of the Bedouins and the emirs who are obeyed amongst their clans. They view that rulings must be made according to their customs and not the Qur'ân and the Sunnah. This itself is Kufr.

Many people have entered Islâm, but despite this, they only rule by their circulating traditions that are enforced by those who are obeyed in their clans. When these people are made to recognize that it is impermissible to rule with anything other than what Allâh revealed, they do not adhere to this; rather, they legitimize ruling with that which is contrary to what Allâh has revealed. These people are Kuffâr!"

End quote from Shaykh'ul Islâm.5

In accordance with the viewpoint Shaykh'ul Islâm mentioned, there is clarification in this statement of the Kufr of the judge himself and those who appeal to him for judgement. Likewise, there is also a clarification of the Kufr of those who do not believe in the obligation of ruling with what Allâh revealed, even if he is neither the judge nor the one who appeals for judgement. Ponder upon this! Shaykh'ul Islâm mentioned this upon the statement by Allâhu Taâlâ,


ﵟوَمَن لَّمۡ يَحۡكُم بِمَآ أَنزَلَ ٱللَّهُ فَأُوْلَٰٓئِكَ هُمُ ٱلۡكَٰفِرُونَﵞ [المائدة: 44]

"And whosoever does not judge by what Allâh has revealed; such are the disbelievers." (Al-Mâ'idah, 5/44)

Ibnu Kathîr Rahimahullâh said regarding the statement by Allâhu Taâlâ,


ﵟأَفَحُكۡمَ ٱلۡجَٰهِلِيَّةِ يَبۡغُونَۚﵞ [المائدة: 50]

"Do they then seek the judgement of (the days of) Ignorance?" (al-Mâ'idah, 5/50)

"Allâhu Taâlâ disapproves of those who turn away from the judgement of Allâhu Taâlâ, which comprises all good and justice and forbids all evil to what is other than the judgement of Allâhu Taâlâ comprising of whims, desires, and terminologies legislated by men without a basis in the Sharî'ah of Allâh. This is just as the people of ignorance would rule on basis of ignorance...

Likewise, the Mongols judge according to the diplomacies, taken from Genghis Khan. Genghis Khan composed for them a book compiling provisions which he adopted from various Sharî'ahs; (from Judaism, Christianity,) from the Islâmic nation, (and other Sharî'ahs). Also, he gathered many of the rulings from his mere opinions. It got to the point where his offspring would give it priority over ruling with the Book and the Sunnah. Whosoever does this is a Kâfir. It is obligatory to fight against him until he returns to the judgment of Allâh and His Messenger. Whether it be a lot or a little, one cannot rule with anything other than Allâh's rule."

End quote from Ibnu Kathîr.6

What we have mentioned regarding the customs of the Bedouins that they call the Sharî'ah of Rafâqah is of this genus. Whoever does this is a Kâfir. It is obligatory to fight against him until he returns to the judgment of Allâh and His Messenger. Whether it be a little or a lot, one cannot rule with anything other than Allâh's rule.

Allâhu Taâlâ has said in the verses,


ﵟأَلَمۡ تَرَ إِلَى ٱلَّذِينَ يَزۡعُمُونَ أَنَّهُمۡ ءَامَنُواْ بِمَآ أُنزِلَ إِلَيۡكَ وَمَآ أُنزِلَ مِن قَبۡلِكَ يُرِيدُونَ أَن يَتَحَاكَمُوٓاْ إِلَى ٱلطَّٰغُوتِ وَقَدۡ أُمِرُوٓاْ أَن يَكۡفُرُواْ بِهِۦۖﵞ [النساء: 60]

"Have you not seen those who claim that they believe in what was revealed to you and that which was revealed before you, and they wish to go for judgement (in their disputes) to the Tâghût while they have been ordered to reject them?" (an-Nisâ, 4/60)

Until the statement of Allâhu Taâlâ,


ﵟوَإِذَا قِيلَ لَهُمۡ تَعَالَوۡاْ إِلَىٰ مَآ أَنزَلَ ٱللَّهُ وَإِلَى ٱلرَّسُولِ رَأَيۡتَ ٱلۡمُنَٰفِقِينَ يَصُدُّونَ عَنكَ صُدُودٗاﵞ [النساء: 61]

"And when it is said to them, 'Come to what Allâh has revealed and to the Messenger,' you see the hypocrites turning away from you in aversion." (an-Nisâ 4/61)7

Ash-Sha'bî said, "There was a controversy between a man from the Jews and a man from the hypocrites. The Jew said, "We will appeal to Muhammad Sallallâhu Alayhi wa Sallam for judgement!" The Jew knew that Rasûlullâh Sallallâhu Alayhi wa Sallam did not accept bribery and was not biased in ruling. The hypocrite said, "We will appeal to a Jew for judgment!" This is because he knew that the Jews accept bribery and are biased in ruling. Then, they agreed on going to a soothsayer from Juhaynah and appeal to him for judgement. Therefore, the verse was revealed,


ﵟأَلَمۡ تَرَ إِلَى ٱلَّذِينَ يَزۡعُمُونَﵞ [النساء: 60]

"Have you not seen those who claim..." (an-Nisâ 4/60)8

It was also said that the verse was revealed regarding two men who were in conflict. One of them said, "We will take our case before Muhammad Sallallâhu Alayhi wa Sallam." The other said, "We will take our case before Ka'b Ibn'ul Ashraf." After this, they took their case before Umar Ibn'ul Khattâb. One of them narrated the story to Umar. Umar said to the one who was not satisfied with Rasûlullâh Sallallâhu Alayhi wa Sallam, "Is this so?" He said, "Yes." So, Umar struck him with his sword and killed him, and the verse was revealed.9

This is what must be done to those who appeal to the Tawâghît for judgment! If this Rightly Guided Caliph killed this man merely due to his desire to appeal to the Tâghût for judgement, then for those whom this is their custom and are not pleased for themselves and their likes with anything else, they are more worthy and more entitled of being killed due to their apostasy from Islâm and the generality of the corruption they cause on earth.

For, uprightness is not found for the creation except by Allâh being the One whom they worship, Islâm being their religion, Muhammad being their prophet whom they follow, and their appeal for judgement is to his Sharî'ah. When this is absent, the corruption of creation becomes enormous and its destruction is manifested.

So Allâhu Taâlâ's statement in the verse,


ﵟأَلَمۡ تَرَ إِلَى ٱلَّذِينَ يَزۡعُمُونَ أَنَّهُمۡ ءَامَنُواْ بِمَآ أُنزِلَ إِلَيۡكَ وَمَآ أُنزِلَ مِن قَبۡلِكَﵞ [النساء: 60]

"Have you not seen those who claim that they believe in what was revealed to you and that which was revealed before you...?" (an-Nisâ, 4/60)

Is a clarification that whoever deems to believe in Allâh and His Messenger, but rules with other than the Sharî'ah of Islâm, is a liar hypocrite and has strayed from the right path, as Allâhu Taâlâ said,


ﵟفَلَا وَرَبِّكَ لَا يُؤۡمِنُونَ حَتَّىٰ يُحَكِّمُوكَ فِيمَا شَجَرَ بَيۡنَهُمۡ ثُمَّ لَا يَجِدُواْ فِيٓ أَنفُسِهِمۡ حَرَجٗا مِّمَّا قَضَيۡتَ وَيُسَلِّمُواْ تَسۡلِيمٗاﵞ [النساء: 65]

"But no, by your Lord, they will not believe until they make you, judge in all disputes between them, then find no discomfort in their hearts against what you have decided, and surrender to it in total submission." (an-Nisâ, 4/65)

Allâh took an oath by Himself that the creation will not believe until they make the Rasûl Sallallâhu Alayhi wa Sallam, judge in all resources of dispute. When the Rasûl judges, the discomfort becomes non-existent inwardly, and complete submission is achieved outwardly. When this is not achieved, then Îmân is non-existent in him.

The Shar'î proofs have exhibited indications of this. In His book, Allâh has condemned those who turn away from the ruling of His Messenger. Allâhu Taâlâ said,


ﵟوَإِذَا دُعُوٓاْ إِلَى ٱللَّهِ وَرَسُولِهِۦ لِيَحۡكُمَ بَيۡنَهُمۡ إِذَا فَرِيقٞ مِّنۡهُم مُّعۡرِضُونَ ٤٨ وَإِن يَكُن لَّهُمُ ٱلۡحَقُّ يَأۡتُوٓاْ إِلَيۡهِ مُذۡعِنِينَ ٤٩ أَفِي قُلُوبِهِم مَّرَضٌ أَمِ ٱرۡتَابُوٓاْ أَمۡ يَخَافُونَ أَن يَحِيفَ ٱللَّهُ عَلَيۡهِمۡ وَرَسُولُهُۥۚ بَلۡ أُوْلَٰٓئِكَ هُمُ ٱلظَّٰلِمُونَ ٥٠ إِنَّمَا كَانَ قَوۡلَ ٱلۡمُؤۡمِنِينَ إِذَا دُعُوٓاْ إِلَى ٱللَّهِ وَرَسُولِهِۦ لِيَحۡكُمَ بَيۡنَهُمۡ أَن يَقُولُواْ سَمِعۡنَا وَأَطَعۡنَاۚ وَأُوْلَٰٓئِكَ هُمُ ٱلۡمُفۡلِحُونَ ﵞ [النور: 48-51]

"And when they are called to Allâh and His Messenger, to judge between them, at once a group of them turns away. But if the truth is on their side, they come to him with submission. Is there a disease in their hearts? Or do they doubt or fear lest Allâh and His Messenger should wrong them in judgement. Nay, it is they themselves who are the wrong-doers. The only statement of the believers when they are called to Allâh and His Messenger to judge between them is that they say, 'We hear and we obey.' And such are the successful." (an-Nûr, 24/48-51)



3- They would give the Tâghût who rule by these Sharî'ahs names such as Urrâf, Haqq, Distributor of Haqq.

4- In the pre-Najd-Da'wah era of ignorance, the Arab Bedouins would lay down and implement Sharî'ahs in accordance with their manners and customs that are contrary to the Sharî'ah of Allâh.

5- Ibnu Taymiyyah, Minhâj'us Sunnat'in Nabawiyyah, 5/13.

6- Ibnu Kathîr, Tafsîr'ul Qur'ân'il Adhîm, Dâru Taybah, 3/131.

7- Allâhu Taâlâ said in these verses,


ﵟأَلَمۡ تَرَ إِلَى ٱلَّذِينَ يَزۡعُمُونَ أَنَّهُمۡ ءَامَنُواْ بِمَآ أُنزِلَ إِلَيۡكَ وَمَآ أُنزِلَ مِن قَبۡلِكَ يُرِيدُونَ أَن يَتَحَاكَمُوٓاْ إِلَى ٱلطَّٰغُوتِ وَقَدۡ أُمِرُوٓاْ أَن يَكۡفُرُواْ بِهِۦۖ وَيُرِيدُ ٱلشَّيۡطَٰنُ أَن يُضِلَّهُمۡ ضَلَٰلَۢا بَعِيدٗا ٦٠ وَإِذَا قِيلَ لَهُمۡ تَعَالَوۡاْ إِلَىٰ مَآ أَنزَلَ ٱللَّهُ وَإِلَى ٱلرَّسُولِ رَأَيۡتَ ٱلۡمُنَٰفِقِينَ يَصُدُّونَ عَنكَ صُدُودٗاﵞ [النساء: 60-61]

"Have you not seen those who claim that they believe in what was revealed to you and that which was revealed before you, and they wish to go for judgement (in their disputes) to the Tâghût while they have been ordered to reject them? But satan wishes to lead them far astray. And when it is said to them, 'Come to what Allâh has revealed and to the Messenger,' you see the hypocrites turning away from you in aversion." (an-Nisâ, 4/60-61)

8- With similar wording in al-Baghawî, Ma'âlim'ut Tanzîl, Dâru Taybah, 2/242.

9- With similar wording in Ibnu Kathîr, Tafsîr'ul Qur'ân'il Adhîm, 2/351; Ibnu Abî Hâtim, Tafsîr'ul Qur'ân'il Adhîm, 3/994; as-Suyûtî, ad-Durr'ul Manthûr fî't Tafsîr'il Ma'thûr, 2/582.
"If the ignorant persists, gets haughty, is determined upon his transgression and misguidance, chooses blindness over guidance, and if what he falls into and disputes with regards to is Shirk Akbar (major Shirk) that brings the person who commits it out of the fold of the faction of Muslims to the party of polytheists, then in this case, the just verdict is the sword!" (al-Fath'ur Rabbânî min Fatâwâ'l Imâm ash-Shawkânî, 1/185)

Subul’us Salâm


[A Doubt Concerning Seeking Judgement from the Tâghût and Its Response]

Know that a person never called to the truth except that satan had a doubt with him through which he averts people from it. From these is that when it is said to the people of Tâghût, "Return to the ruling of Allâh and His Messenger and abandon the rulings of the Tawâghît!" they say, "We only do this out of fear of killing each other. Because if I do not agree with my friend to be ruled by the Sharî'ah of Rafâqah, either he is going to kill me or I will kill him."

We say in response: The corruptness of this satanic doubt manifests with the establishment of three stations:

The first station: The corruption occurring on earth comprised of murdering people and plundering wealth only occurs due to abandoning the commandments of Allâh and committing His prohibitions. As Allâhu Taâlâ said,


ﵟظَهَرَ ٱلۡفَسَادُ فِي ٱلۡبَرِّ وَٱلۡبَحۡرِ بِمَا كَسَبَتۡ أَيۡدِي ٱلنَّاسِﵞ [الروم: 41]

"Corruption has appeared on land and sea because of what the hands of men have earned, that Allâh may make them taste some of what they did, in order that they may return." (ar-Rûm, 30/41)

The exegetes from the Salaf said, "Land refers to the Bedouins living in tents with poles and the sea refers to the inhabitants of the cities."10

Allâhu Taâlâ informs that the reason for the appearance of corruption in the deserts and cities is their own actions. If they had worshipped their Lord and taken their Nabî as a judge, their situation would become upright and their property and lives would prosper, as Allâhu Taâlâ says,


ﵟوَلَوۡ أَنَّ أَهۡلَ ٱلۡقُرَىٰٓ ءَامَنُواْ وَٱتَّقَوۡاْ لَفَتَحۡنَا عَلَيۡهِم بَرَكَٰتٖ مِّنَ ٱلسَّمَآءِ وَٱلۡأَرۡضِ وَلَٰكِن كَذَّبُواْ فَأَخَذۡنَٰهُم بِمَا كَانُواْ يَكۡسِبُونَﵞ [الأعراف: 96]

"If the people of the towns had believed and had piety, certainly, We would have opened for them blessings from the heaven and the earth, but they belied. So, We seized them for what they used to earn." (al-A'râf, 7/96)

Allâhu Taâlâ also said,


ﵟأَوَلَمۡ يَكۡفِهِمۡ أَنَّآ أَنزَلۡنَا عَلَيۡكَ ٱلۡكِتَٰبَ يُتۡلَىٰ عَلَيۡهِمۡۚ إِنَّ فِي ذَٰلِكَ لَرَحۡمَةٗ وَذِكۡرَىٰ لِقَوۡمٖ يُؤۡمِنُونَ ٥١ قُلۡ كَفَىٰ بِٱللَّهِ بَيۡنِي وَبَيۡنَكُمۡ شَهِيدٗاۖ يَعۡلَمُ مَا فِي ٱلسَّمَٰوَٰتِ وَٱلۡأَرۡضِۗ وَٱلَّذِينَ ءَامَنُواْ بِٱلۡبَٰطِلِ وَكَفَرُواْ بِٱللَّهِ أُوْلَٰٓئِكَ هُمُ ٱلۡخَٰسِرُونَﵞ [العنكبوت: 51-52]

"Is it not sufficient for them that We revealed to you the Book that is recited to them? Verily, in it is mercy and a reminder for a people who believe. Say: Sufficient is Allâh between me and you as a witness. He knows what is in the heavens and on earth. And those who believe in falsehood, and disbelieve in Allâh, it is those who are the losers." (al-Ankabût, 29/51-52)

Allâhu Taâlâ informed that mercy is in this Qur'an. Thus, whoever suffices with the Qur'ân against false rulings, he is shown mercy. Whoever turns away from the Qur'ân for something else is a loser. When people turn away from the Book of their Lord and take as their judge someone other than their Nabî, Allâh punishes them by them showing enmity to each other and killing each other, as Allâh says,


ﵟوَمِنَ ٱلَّذِينَ قَالُوٓاْ إِنَّا نَصَٰرَىٰٓ أَخَذۡنَا مِيثَٰقَهُمۡ فَنَسُواْ حَظّٗا مِّمَّا ذُكِّرُواْ بِهِۦ فَأَغۡرَيۡنَا بَيۡنَهُمُ ٱلۡعَدَاوَةَ وَٱلۡبَغۡضَآءَ إِلَىٰ يَوۡمِ ٱلۡقِيَٰمَةِۚ وَسَوۡفَ يُنَبِّئُهُمُ ٱللَّهُ بِمَا كَانُواْ يَصۡنَعُونَﵞ [المائدة: 14]

"And from those who call themselves Christians, We took their covenant, but they have abandoned a good part of the advice they were given. So We planted amongst them enmity and hatred till the Day of Resurrection; and Allâh will inform them of what they used to do." (al-Mâ'idah, 5/14)

However, when Islâm returned to being strange as it was in the beginning, those who are ignorant of Islâm believed that the cause of mercy is in fact the cause of punishment. They also believed that the cause of friendship and unity is the cause of division and disagreement and that that which spares blood is a cause of its spilling. These are like those regarding whom Allâhu Taâlâ said,


ﵟوَإِن تُصِبۡهُمۡ سَيِّئَةٞ يَطَّيَّرُواْ بِمُوسَىٰ وَمَن مَّعَهُۥٓۗ أَلَآ إِنَّمَا طَٰٓئِرُهُمۡ عِندَ ٱللَّهِ وَلَٰكِنَّ أَكۡثَرَهُمۡ لَا يَعۡلَمُونَﵞ [الأعراف: 131]

"But whenever good came to them, they said: This is ours. And if evil afflicted them, they ascribed it to evil omens connected with Mûsâ and those with him. Surely, their evil omens are with Allâh, but most of them do not know." (al-A'râf, 7/131)

Also, they resemble those who said to the followers of the messengers,


ﵟإِنَّا تَطَيَّرۡنَا بِكُمۡۖ لَئِن لَّمۡ تَنتَهُواْ لَنَرۡجُمَنَّكُمۡ وَلَيَمَسَّنَّكُم مِّنَّا عَذَابٌ أَلِيمٞ ١٨ قَالُواْ طَٰٓئِرُكُم مَّعَكُمۡ أَئِن ذُكِّرۡتُمۚ بَلۡ أَنتُمۡ قَوۡمٞ مُّسۡرِفُونَﵞ [يس: 18-19]

"Indeed, we consider you an evil omen. If you do not desist, we will certainly stone you and you will be afflicted by a painful punishment from us. The messengers said: Your evil omen lies within yourselves. (Do you take it as evil omen) because you are admonished? Rather, you are a transgressing people." (Yâ-Sîn, 36/18-19)

Whoever believes that taking the Sharî'ah of Islâm as judge leads to war and dispute, and that unity and friendship only occurs at the hands of the judge of the Tâghût is a Kâfir who is an enemy of Allâh and all messengers. This is because this is the reality of what the Kuffâr of Quraysh -who believed that their ancestors were upon right instead of what Allâh sent His Messenger Sallallâhu Alayhi wa Sallam with- were upon.

The second station: Is to say: When you know that appealing for judgement to the Tâghût is Kufr, then know that Allâh has mentioned in His Book that Kufr is graver than murdering. Allâhu Taâlâ said,


ﵟوَٱلۡفِتۡنَةُ أَكۡبَرُ مِنَ ٱلۡقَتۡلِۗﵞ [البقرة: 217]

"And Fitnah is graver than killing." (al-Baqarah, 2/217)

Allâhu Taâlâ also said,


ﵟوَٱلۡفِتۡنَةُ أَشَدُّ مِنَ ٱلۡقَتۡلِۚﵞ [البقرة: 191]

"And Fitnah is worse than killing." (al-Baqarah, 2/191)

Fitnah is Kufr.

Therefore, if all the Bedouins and city-dwellers fought each other until they declined, it would be a lesser issue than them appointing a single Tâghût on earth who judges against the Sharî'ah of Islam, with which Allâh sent His messenger Sallallâhu Alayhi wa Sallam.

The third station: It is for us to say: If appealing to the Tâghût for judgement is Kufr, and the dispute is only for the world, then how can it be permissible for you to commit Kufr for this? This is because a person does not believe in Allâh and His Messenger until Allâh and His Messenger are more beloved to him than everything else, and until the Messenger is more beloved to him than his son, his father, and all of humanity together.

Thus, even if all your world were to decline, it would not be permissible for you to appeal to the Tâghût for judgement due to it! Even if you are compelled by someone who forces and he gives you the choice between appealing to the Tâghût for judgement or sacrificing your world, sacrificing your world would be obligatory upon you and appealing to the Tâghût for judgement would not be permissible for you.

And Allâh knows best!

May Allâh send peace and abundant blessings upon Muhammad and his family, (âmîn)!




10- Al-Qurtubî and al-Mâwardî narrated this view from Qatâdah. (al-Qurtubî, al-Jâmi'u li Ahkâm'il Qur'ân, 14/41; al-Mâwardî, an-Nukat wa'l Uyûn, 4/318). This is also the opinion preferred by at-Tabarî. (At-Tabarî, Jâmi'ul Bayân fî Ta'wîl'il Qur'ân, Mu'assasat'ur Risâlah, 20/108)
"If the ignorant persists, gets haughty, is determined upon his transgression and misguidance, chooses blindness over guidance, and if what he falls into and disputes with regards to is Shirk Akbar (major Shirk) that brings the person who commits it out of the fold of the faction of Muslims to the party of polytheists, then in this case, the just verdict is the sword!" (al-Fath'ur Rabbânî min Fatâwâ'l Imâm ash-Shawkânî, 1/185)

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