Divine Sovereignty, Tyrannical Rulers, and the Islamic Ruling on Human Laws

This excerpt is taken from Sheikh Irshad Ullah Maan's book In Search of Truth.


Beliefs of Ahl al-Sunnah wal Jama'ah​


Question: Are rulers also Taghut (false deities or tyrants)?​


Answer: Those oppressive and unjust rulers who do not adhere to the Book and Sunnah for judgment but instead enforce man-made laws on people are certainly Taghut. Regarding such rulers, it is stated: [وَ مَنۡ لَّمۡ یَحۡکُمۡ بِمَاۤ اَنۡزَلَ اللّٰہُ فَاُولٰٓئِکَ ہُمُ الۡکٰفِرُوۡنَ] And whoever does not judge by what Allah has revealed, they are disbelievers.
Reference: (Al-Ma'idah: 44)


Question: In case of disagreement among rulers, by what should they decide?​


Answer: Allah Almighty says: [فَاِنۡ تَنَازَعۡتُمۡ فِیۡ شَیۡءٍ فَرُدُّوۡہُ اِلَی اللّٰہِ وَ الرَّسُوۡلِ اِنۡ کُنۡتُمۡ تُؤۡمِنُوۡنَ بِاللّٰہِ وَ الۡیَوۡمِ الۡاٰخِرِ ؕ ذٰلِکَ خَیۡرٌ وَّ اَحۡسَنُ تَاۡوِیۡلًا] Then if you differ in a matter, refer it to Allah and the Messenger, if you believe in Allah and the Last Day. That is better and best in the end.
Reference: (An-Nisa: 59)


It has been established that no matter what the dispute is about, how much it is, or what kind it is, for its resolution, one must refer only and only to Allah Almighty and His Messenger ﷺ. This was made a condition of faith in Allah Almighty and the Day of Judgment, and it was declared a cause of goodness in this world and the Hereafter. Then how can those who decide their matters through human laws instead of this law be considered believers?

It is also stated: [فَلَا وَ رَبِّکَ لَا یُؤۡمِنُوۡنَ حَتّٰی یُحَکِّمُوۡکَ فِیۡمَا شَجَرَ بَیۡنَہُمۡ ثُمَّ لَا یَجِدُوۡا فِیۡۤ اَنۡفُسِہِمۡ حَرَجًا مِّمَّا قَضَیۡتَ وَ یُسَلِّمُوۡا تَسۡلِیۡمًا] (O Muhammad!) By your Lord, they will never become believers until they accept you as the judge in their mutual disputes. Then they should not feel any resentment in their hearts regarding what you decide but should submit with full submission.
Reference: (An-Nisa:65)


Allah Almighty has sworn and used negation again to declare those who do not appoint the Prophet of Mercy ﷺ as the judge and decider in disputes as outside the fold of faith, and has commanded unconditional submission to your decision.

Question: How grave is the sin of seeking judgment from someone other than Allah and the Messenger ﷺ?

Answer: Allah Almighty has said: [اَلَمۡ تَرَ اِلَی الَّذِیۡنَ یَزۡعُمُوۡنَ اَنَّہُمۡ اٰمَنُوۡا بِمَاۤ اُنۡزِلَ اِلَیۡکَ وَ مَاۤ اُنۡزِلَ مِنۡ قَبۡلِکَ یُرِیۡدُوۡنَ اَنۡ یَّتَحَاکَمُوۡۤا اِلَی الطَّاغُوۡتِ وَ قَدۡ اُمِرُوۡۤا اَنۡ یَّکۡفُرُوۡا بِہٖ ؕ وَ یُرِیۡدُ الشَّیۡطٰنُ اَنۡ یُّضِلَّہُمۡ ضَلٰلًۢا بَعِیۡدًا]

Have you not seen those who claim to believe in what has been revealed to you (ﷺ) and what was revealed before you, yet they wish to refer their disputes to Taghut (false deities) for judgment, while they have been commanded to disbelieve in it? And Satan wishes to lead them far astray.
Reference: (An-Nisa:60)


Indeed, the rulers who enforce laws on the people of the country that are made by humans (whether it is martial law, a law passed by the assembly, or a constitution made by a single person) are tyrants, and whoever seeks judgment from tyrants ،،يُزْعُمُوْنَ،، Allah Almighty has rejected their claim of faith, for they appear to be believers but this behavior and faith cannot coexist in a person's heart. Satan has misled them. [قَدۡ اُمِرُوۡۤا اَنۡ یَّکۡفُرُوۡا بِہٖ] Allah has commanded Muslims to be enemies of tyrants. This tyrant may be the village elders' council in rural areas, a mediation committee or jirga that decides according to customs and traditions instead of the Book and Sunnah, or the courts present in Islamic countries that decide among people based on constitutions made by assemblies, independent of the Book and Sunnah, and enforced by police and military by force. What could be more disbelief than this disbelief? Allah Almighty says: [وَمَنۡ لَّمۡ یَحۡکُمۡ بِمَاۤ اَنۡزَلَ اللّٰہُ فَاُولٰٓئِکَ ہُمُ الۡکٰفِرُوۡنَ] And whoever does not judge by what Allah has revealed, those are the disbelievers.
Reference: (Al-Ma'idah:44)


[وَ مَنۡ لَّمۡ یَحۡکُمۡ بِمَاۤ اَنۡزَلَ اللّٰہُ فَاُولٰٓئِکَ ہُمُ الظّٰلِمُوۡنَ] And whoever does not judge by what Allah has revealed - then it is those who are the wrongdoers.
Reference: (Al-Ma'idah:45)


[وَ مَنۡ لَّمۡ یَحۡکُمۡ بِمَاۤ اَنۡزَلَ اللّٰہُ فَاُولٰٓئِکَ ہُمُ الۡفٰسِقُوۡنَ] And whoever does not judge by what Allah has revealed - then it is those who are the disobedient.
Reference: (Al-Ma'idah:47)


It is impossible that Allah would call such people disbelievers and they are not disbelievers; certainly, these people are firm disbelievers. And when Allah has negated the claim of faith of the hypocrites who decide for them (لا الہ الا اللہ محمد رسول اللہ (acknowledgment of the kalima), then how can the word of those who decide for themselves be trusted? When the Companions did not accept the word of the deniers of Zakat and the Kharijites and killed them, then according to human laws, those who decide are also disbelievers, even if they recite the kalima.

Question: Some people derive from the story of Yusuf (peace be upon him) that it is permissible for a Muslim to become a member of the assembly or a minister under the rule of Pharaoh (Tyrant)?​


Answer: There is no room for any disagreement in the fact that any ruler who, disregarding Shariah, establishes laws and a constitution of governance is a tyrant, and denial of the laws made by him is a condition of faith even for the most insignificant Muslim. When this is the reality, is it even permissible to think that a noble son of the noblest being, Prophet Yusuf (peace be upon him), could have been an intermediary in the enforcement of the Pharaonic system of governance? معاذ اللہ! This is outright oppression and injustice. Whatever the details may be, certainly, as a prophet, he was the one who denied the tyrant most vehemently and was the most obedient to Allah’s command and the one who established it. Therefore, for those who today are busy serving tyrannical governments and take oaths to their constitutions and laws, and accept the sovereignty and authority of the majority, there is absolutely no place in the story of the chosen prophet (peace be upon him), who used to proclaim in his sermons: [اِنِ الۡحُکۡمُ اِلَّا لِلّٰہِ] The right to sovereignty belongs only to Allah.
Reference: (Yusuf:40)
 
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