If rulers do not judge by Quran
Mu' meneen Brothers and Sisters,
As Salaam Aleikum wa Rahmatullahi wa Barakatuh. (May Allah's Peace, Mercy and Blessings be upon all of you)
One of our brothers/sisters has asked this question:
Brother, Is the person who does not rule by the book of allah, e.g. Musharaf,King Fahd etc a disbeliever, or is it a minor kuffr,as some people say, as long as the person ruling admits they are wrong.However the Quran states very clearly about the person who does not rule by the book.
There are different views on this, some people say it is minor kufr i.e kufr du'na kufr.
However some say it is clear kufr or disbelief and that the leaders should be fought. This is also my view
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If rulers do not judge by Quran
In the name of Allah, We praise Him, seek His help and ask for His forgiveness. Whoever Allah guides none can misguide, and whoever He allows to fall astray, none can guide them aright. We bear witness that there is no one (no idol, no person, no grave, no prophet, no imam, no dai, nobody!) worthy of worship but Allah Alone, and we bear witness that Muhammad(saws) is His slave-servant and the seal of His Messengers.
Allah Says in the Holy Quran Chapter 5 Surah Maidah verse 44 (part):If any do fail to judge by what Allah hath Revealed, they are indeed the Kaaferoon (disbelievers).
Allah Says in the Holy Quran Chapter 5 Surah Maidah verse 45 (part):If any do fail to judge by what Allah hath Revealed, they are indeed the Dhalimoon (wrong-doers).
Allah Says in the Holy Quran Chapter 5 Surah Maidah verse 47 (part):If any do fail to judge by what Allah hath Revealed, they are indeed the Faasiqoon (transgressors).
If Allah Subhanah has blessed a believer to be a ruler over a land, and he refuses to rule by the Laws of Allah and His Messenger (saws) or Shariah, or says that the Laws of Allah and His Messenger (saws) are not appropriate for these times; then indeed he will be considered a disbeliever.
But if Allah Subhanah has blessed a muslim to be a ruler over a land, and he believes in the Laws of Allah and His Messenger (saws); but due to some weakness, he does not rule by or enforce the Laws of Shairah, he will not be considered a disbeliever, but will instead be considered a grave sinner in the sight of Allah Subhanah.
Your Statement: However some say it is clear kufr or disbelief and that the leaders should be fought.
The guidance or criteria when it becomes legal for the believers to fight a muslim ruler is given by the Messenger of Allah (saws) in the following authentic hadith:
Sahih Muslim Hadith 4573 Narrated by Awf ibn Malik
The Messenger of Allah (saws) said: The best of your rulers are those whom you love and who love you, who invoke Allahs blessings upon you and you invoke His blessings upon them. And the worst of your rulers are those whom you hate and who hate you, and whom you curse and who curse you. It was asked (by those present): O Messenger of Allah (saws)! Shouldn't we overthrow them with the help of the sword? He (saws) replied: No, as long as they establish prayer among you. If you then find anything detestable in them, you should hate their administration, but do not withdraw yourselves from their obedience.
Whatever written of Truth and benefit is only due to Allahs Assistance and Guidance, and whatever of error is of me. Allah Alone Knows Best and He is the Only Source of Strength.
Your Brother in Islam,