DOES SUPPORTING
MAN MADE LEGISLATION INVOLVE HARAAM,
KUFR AND SHIRK?
Allah(swt) explained clearly the reason for
mans existence: "And I have not created the jinn and mankind except that
they should worship me." (adh Dhaariyaat 51:56). And this was only to be
fulfilled by seeking the Shari’ah judgement for all affairs and then applying
those rules. "But No by your Lord! They can have no iman (belief) until
they make you a judge in all disputes between them and find in themselves no
resistance against your decisions but accept them with full submission."
(an Nisaa’ 4:65) And Allah(swt) commanded us to constantly submit to Him:
"O you who believe! Fear Allah as He should be feared and die not except
in a state of Islam (as muslims) (with complete submission to Allah)."
(aali-‘Imraan 3:102)
When we say LA ILAHA ILLALLAH, we are saying
that there is no ilah (god, power,diety) worthy of worship except Allah.
Meaning that there is no power to submit to except for ALLAH. To do this we must
understand that there is nothing equal to Allah(swt) in any of His attributes.
Allah(swt) has described Himself with at least ninety-nine names and
attributes, if anybody claims to have any of the attributes of Allah then this
person becomes a ‘Taghut’. Taghut is anything that is worshipped other than
Allah(swt). So before we can claim to be muslims we must first reject Taghut as
Allah(swt) says: "There is no compulsion in religion. Verily, the right
path has become distinct from the wrong path. Whoever disbelieves in Taghut and
believes in Allah, then he has grasped the most trustworthy handhold that will
never break. And Allah is the All-Hearer (Sami’) All-Knower (A’leem)."
(al-Baqarah 2:256) also: "And verily We sent to every Ummah (nation) a
messenger (proclaiming): "Worship ALLAH and avoid (or keep away) from
Taghut (all false deities)" (an-Nahl
One of Allah (swt)’s attributes is AL HAKIM
meaning the only law-giver. So if anyone who legislates laws that are not from
Qur’an and Sunnah, then this person becomes a Taghut as only Allah is AL HAKIM-
the One who legislates Law. There are many verses of the Qur’an to prove that
Allah (swt) is the only law giver: "The hukm (legislation) is for none but
Allah. He has commanded that you worship none but Him, that is the straight
religion, but most men know not." (Yoosuf 12:40) also: "And He makes
none to share in His decision and rule (hukm)." (Al-Kahf 18:26)
These verses of the Qur’an prove without doubt
that only Allah (swt) has the right of making laws that should be followed by
man. And we as Muslims can not obey any Laws that have been legislated by other
than ALLAH, as He says: "Or do they have partners with Allah to legislate
for them in the deen what Allah does not allow." (ash Shoora 42:21) and:
"And eat not of that on which the name of Allah is not pronounced, for
surely that is fisq (an act of disobedience). And verily the Shayaateen inspire
their friends (from mankind) to argue with you. And if you obey them then you
would indeed be mushrikoon." (Al-An’am 6:121)
All these verses prove that if we take someone
as a lawgiver besides Allah (swt), then we would be guilty of committing major
shirk with Allah. Now if a person is voting to elect a certain political party
into power, which will implement kufr laws, then not only is he recognising the
Taghut, but he/she is giving the party the power to become the Taghut and to
implement kufr. The following principles of A’qeedah and Shari’ah prove the
dalaalah (misguidance) of voting for man-made law:-
1. The first part of the Shahaadah: ‘Laa ilaaha illallah’ means that there
is none who is to be worshipped or obeyed except Allah, this is Tawhid ul
U’looheeyah (ibadah). Anyone who Allah(swt) commanded to be obeyed this is in
reality obeying Allah.
2. The second part of the Shahaadah: ‘Muhammad ur RasoolAllah’ means that
the risaalah (message) i.e. the Shari’ah of Muhammad (saw) is the only valid
Shari’ah and his example is to be followed in implementing the commands of
Allah(swt).
3. To reject Taghut: There is no imaan for the one who has not first
disbelieved and rejected that which contradicts imaan. "There is no
compulsion in deen. Verily, the right path has become distinct from the wrong
path. Whoever disbelieves in taghoot and believes in Allah, then he has grasped
the most trustworthy handhold that will never break. And Allah is the
All-Hearer (Sami’) All-Knower (A’leem). Allah is the Wali (Protector) of those
who believe, He brings them out of darkness into light- as for those who
disbelieve, their Auwliya (Protectors) are Taghut who bring them out from light
into darkness. Those are the dwellers of the Fire, they will abide therein for
ever. " (al-Baqarah 2:256-257)
And Allah(swt) also says: "Have you seen
those who claim that they believe in that which has been sent down to you, and
that which was sent down before you, and they wish to go for judgement to the
Taghut while they have been commanded to reject them. But Shaytaan wishes to
lead them far astray." (An-Nisaa’ 4:60)
4. Prohibition of Kuffaar having authority over Muslims: Even if kuffaar
used Islamic texts to extract their law, their authority over the believers
would still be invalid and the believers would not be allowed to accept their
authority, Allah(swt) says: "…And never will Allah grant the disbeliever’s
to have a way over the believers." (an Nisaa’ 4:141)
5. Shirk of Legislation (Shirkul Haakimeeyah): Whoever claims he can
legislate- then this is Shirk as only Allah(swt) has sole right for this and
this is the basis of our relationship with Allah(swt)- as slaves to be judged
by their obedience to their Master (Al Maalik): "The Hukm is for none but
Allah." (Yusuf 12:40)
6. Shirk of Obedience (Shirkut Taa’ah): Every Muslim who prays says in the
faatiha ‘iyyaaka na budu wa iyyaaka nasta’een’ "You (Alone) we worship
(and obey) and You (alone) we ask for help (through du’a and referring to the
shari’ah solutions)" (al Faatiha 1:4)
7. Kufr of Wilaayah (Allegiance with kuffaar): It was prohibited to give
friendship, support and allegiance to those who reject Islam and even more so
those who openly oppose Islam and oppress Muslims. Whoever does this becomes a
kaafir. As Allah(swt) says: "O you who believe! Take not the Jews and
Christians as awliyaa’ (friends, prtectors and helpers) they are awliyaa’ only
to each other. And if any amongst you takes them as (awliyaa’) then surely he
is one of them…" (al Maai’dah 5:51)
And: "Give to the hypocrites the news
that for them there is a painful torment. Those who take disbelievers for
awliyaa instead of believers, do they seek i’zzah (honour, power) with them?
Then verily, all the i’zzah belongs to Allah." (an Nisaa’ 4:138-139)
And: "O you who believe! Take not for
awliyaa’ disbelievers instead of believers. Do you wish to offer Allah a
manifest proof against yourselves?" (an Nisaa’ 4:144)
8. Shirk in the Names and Attributes of Allah. (Shirk ul Asmaa was
Sifaat): Allah is Al Haakim (The legislater), Al Hakeem, Al A’leem (The All
Knowing), Al Khabeer (The All Aware), Al Wakeel (The Disposer of Affairs), Al
A’dil (The Just), Al Qaadi (The Judge), Al Kaafi (The Sufficient), Al Malik
(The King), An Naasir (The Helper), Al Waali (The Governor and Ally). So the
one who turns to man in order to legislate for him and to guide him in his
life’s affairs in contradiction to Tawheed has rejected many of the Names and
Attributes of Allah and by this he enters into shirk with regards to these
attributes so he considers man made laws more just than the law of Allah and does
not consider the shari’ah as sufficient for legislation and guidance. Allah
(swt) said "Most of them do not believe in Allah except that they join
partners with Him" (Yoosuf 12:106) and: "That He may punish the
hypocrite men and women and the mushrik men and women those who think evil
thoughts about Allah…" (al Fath 48:6) and: "Surely Allah will not
forgive the association of partners with Him, but He forgives except that to
whom He Wills." (an Nisaa’
9. Opposing the minhaaj of Nabi (saw): Nabi(saw) united the Muslims under
Tawheed and fought against shirk verbally and physically and always governed by
Shari’ah, he never sought judgement from kuffaar in contradiction to the
revelation. Allah (swt) says: "And whoever contradicts and opposes the
Messenger after the right path has been shown clearly to him and follows a way
other than that of the believers, We shall keep him in the path he has chosen
and burn him in Hell, what an evil destination." (an Nisaa’ 4:115)
10. Islam came to remove kufr: Every Ayah of jihaad (over one hundred) and
many other Ayaat and Ahadeeth proved that Islam came to remove all kufr not to
support it. "And fight them until there is no more fitnah (disbelief and
polytheism) and the deen is all for Allah." (Al Anfaal 8:39)
11. Prohibition of compromise: When the mushrikoon of the Quraysh sought
Rasool (saw) to compromise the exclusive call to Tawheed, He(saw) rejected
their call and Sooratul kaafiroon was revealed which gave the clear answer:
"Say: O you disbelievers! I worship not that which you worship. Nor will
you worship that which I worship. And I will not worship that which you
worship. Nor will you worship that which I worship. To you be your Way and to
me mine" (al Kaafiroon 109:1-6)and: "And whoever seeks a deen other
than Islam, never will it be accepted of him and in the Hereafter he will be
one of the losers." (aali I’mraan 3:85) and: "So obey not the
deniers. They wish that you should compromise with them so they would
compromise with you." (al Qalam 68:8-9)
12. The prohibition of gradual or partial implementation: Some try to
justify participation in kufr systems on the false basis of gradual change, but
there is no gradualism in accepting Allah as the sovereign Legislator in all
affairs, inability to apply a command does not justify seeking contradictory
judgement and applying contradictory laws. Allah said: "O you who believe!
Enter into submission completely and do not follow the footsteps of Shaytaan
for he is an open enemy." (al Baqarah 2:208) and: "…Then is it only a
part of the Book that you believe in and do you reject the rest? But what is
the recompense for those amongst you who behave like this but disgrace in this
life? And on the Day of Judgment they shall be consigned to the most grievous
penalty. For Allah is not unmindful of what you do." (al Baqarah 2:85)
13. The prohibition of obeying kuffaar: "And obey not the disbelievers
and the hypocrites…" (al Ahzaab 33:48) and: "And judge between them
according to what Allah has revealed and do not follow their vain desires and
beware of them lest they turn you far away from some of that which Allah has
revealed to you." (al Maaidah 5:49) and: "O you who believe! If you
obey the kaafiroon they will drive you back on your heels and you will turn back
(from Islam) to your own loss." (aali I’mraan 3:149)
14. The prohibition of obeying anyone accept in ma’roof (good): So even if
the man-made laws had agreed outwardly with the Shari’ah this still would have
been munkar (evil) as its motivation and intention was not to please Allah(swt)
and not to obey Him but only to arrange affairs to please people, business
groups, political parties and to receive a salary. However, the laws
contradicted Islam in its belief and details, they contradicted the belief by
declaring that man should legislate and decide his own way of life and to
separate all religion from education, politics and society. In the details they
made halaal alcohol, riba, pornography, abortion, fornication, adultery,
homosexuality, public indecency etc. Nawaas bin Sama’aan (ra) reported that
Nabi (saw) said "There is no obedience to the creation in disobedience to
the Creator." (BAGHAWI in ‘Sharhus Sunnah’ [10/44]
Therefore the
following fall within the above prohibitions and aspects of shirk:
1. Voting for
man made legislation
2. Standing for
election to legislate
3. Membership of
a man made party that is established to legislate
4. Calling on
people to support and vote for man-made legislation
Whoever has
performed any of these acts then they should repent to Allah(swt) and try to
inform others who they have previously called to these errors.