Question & Answer: Participation in Kufr Systems
While researching the prohibition for a Muslim to participate in a Kufr system which does not rule by Islam, someone said that they heard one of the scholars allowing this participation citing Yusuf (as) ruling by the laws (shariyah) of the king of Egypt... Also that the Negus remained for many years ruling by Kufr even though he was a Muslim and the Prophet (saw) prayed Janazah prayer in absentia for him. And that benefit (Maslaha) which is a Shariyah evidence requires so (i.e. participation). A Muslim in ruling (hukm) will cater to the interests of Muslims more than a secularist.
The question is how valid are these evidences? Is it true that there are scholars who advocate this? Please provide us with the answers, Jazak Allah Khairan.
Yes, some Government scholars speak of this rhetoric. They do not base what they say on evidences; because the ruling by what Allah has revealed is based on clear and explicit definite texts with definite meaning; there is no difference of opinion between scholars regarding this.
Ruling by what Allah (swt) has revealed is an obligation; Allah (swt) says,﴿فَاحْكُمْ بَيْنَهُمْ بِمَا أَنزَلَ اللَّهُ وَلَا تَتَّبِعْ أَهْوَاءَهُمْ عَمَّا جَاءَكَ مِنْ الْحَقِّ﴾ “So judge between them by what Allah has revealed and do not follow their inclinations away from what has come to you of the truth.” [Al-Ma’ida: 48]
And He (swt) says: ﴿وَأَنْ احْكُمْ بَيْنَهُمْ بِمَا أَنزَلَ اللَّهُ وَلاَ تَتَّبِعْ أَهْوَاءَهُمْ وَاحْذَرْهُمْ أَنْ يَفْتِنُوكَ عَنْ بَعْضِ مَا أَنزَلَ اللَّهُ إِلَيْكَ﴾ “And judge, [O Muhammad], between them by what Allah has revealed and do not follow their inclinations and beware of them, lest they tempt you away from some of what Allah has revealed to you” [Al-Ma’ida: 49]
There are numerous texts carrying similar meaning.
Ruling by other than what Allah has revealed and resorting to ruling by man-made laws is Kufr if the rulers believes in them; it is oppression (thulm) or transgression (fisuq) if the ruler does not believe in them. This is mentioned in the saying of Allah (swt), ﴿وَمَنْ لَمْ يَحْكُمْ بِمَا أَنزَلَ اللَّهُ فَأُوْلَئِكَ هُمْ الْكَافِرُونَ﴾ “And whoever does not judge by what Allah has revealed - then it is those who are the disbelievers” [Al-Ma’ida: 44] And His (swt) saying: ﴿وَمَنْ لَمْ يَحْكُمْ بِمَا أَنزَلَ اللَّهُ فَأُوْلَئِكَ هُمْ الظَّالِمُونَ﴾ “And whoever does not judge by what Allah has revealed - then it is those who are the wrongdoers” [Al-Ma’ida: 45] And His (swt) saying: ﴿وَمَنْ لَمْ يَحْكُمْ بِمَا أَنزَلَ اللَّهُ فَأُوْلَئِكَ هُمْ الْفَاسِقُونَ﴾ “And whoever does not judge by what Allah has revealed - then it is those who are the defiantly disobedient” [al-Ma’ida: 47]
What the government scholars quote as evidences have no basis, as we have said.
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