Sayyiduna Abdullah bin Abbas (may Allah be pleased with them both) said: This is not the disbelief by which a person goes out of Islam: "And whoever does not judge by what Allah has revealed, then it is those who are the disbelievers" [Surah al-Ma'idah: 44]; rather, this disbelief is a disbelief other than the disbelief by which a person goes out of Islam.
Hadith Referenceالسنن الكبرى للبيهقي / كتاب الجنايات / 15854