Obligation of appealing to the Qur'an and the Sunnah for legal rulings in case of disputes
Q 3: What is the ruling on someone who says: "La ilaha illa Allah (there is no god but Allah)," supplicates to none other than Allah (Glorified and Exalted be He), and only has Tawakkul (trust in Allah Alone), but they seek judgment from other than Allah and His Messenger (peace be upon him)? They invite people to join certain groups and reject others, and claim that the Din (religion) is in the heart and in observing Salah (Prayer), Sawm (Fasting), Zakah, and Hajj, and in loving people. They say that there must be unity between
and Muslims, and Muslims be treated the same as Christians, and they say that the only distinction should be whether people are Egyptian or not. What is the ruling on someone who appeals to man-made law for legal rulings, when they know that this is invalid, but do not oppose it or try to work to stop it? And what is the ruling on someone who befriends a Mushrik (one who associates others with Allah in worship) and lives with them, knowing that
(may Allah be merciful to him) stated, "Anyone who sharpens a pencil for them (Mushriks) or gives them a sheet of paper will be one of them." This person claims that they detest them in their heart, but what is seen of the way they treat them contradicts what they claim. What is the ruling on this person?
It is obligatory to
appeal to the Qur'an and the Sunnah of the Prophet (peace be upon him) for legal rulings in case of disputes. Allah (Exalted be He) says:
(And) if you differ in anything amongst yourselves, refer it to Allâh and His Messenger (صلى الله عليه وسلم), if you believe in Allâh and in the Last Day. That is better and more suitable for final determination.
Allah (Exalted be He) also says:
But no, by your Lord, they can have no Faith, until they make you (O Muhammad صلى الله عليه وسلم) judge in all disputes between them, and find in themselves no resistance against your decisions, and accept (them) with full submission.
(Part No. 1; Page No. 782) Therefore, reference should always be made to the Book of Allah and to the Sunnah of the Prophet (peace be upon him) in disputes. If someone prefers to seek judgments from sources other than these, they are a Kafir (disbeliever). If they resort to man-made laws due to their greed for wealth or prestige, they will be committing sin and Fisq (flagrant violation of Islamic law), although it does not take them outside the fold of Iman (Faith).It is prohibited to live with a Mushrik, show affection to them, or befriend them. It is permissible to treat them well and give them Sadaqah (voluntary charity), unless they are fighting Islam, as Allah (Exalted be He) says:
Allâh does not forbid you to deal justly and kindly with those who fought not against you on account of religion nor drove you out of your homes. Verily, Allâh loves those who deal with equity.
It has been authentically reported that the Messenger (peace be upon him) ordered
Asma' bint Abu Bakr to maintain good relations with her Mushrik mother. (This Hadith was reported by the Two Shaykhs [Al-Bukhari and Muslim])
As for the words of Shaykh Al-Islam
Ibn Taymiyyah and others, this is related to those who are fighting Islam and not the Mu`ahads (non-Muslims in a temporary covenant with Muslims) and other similar people. As to someone who does not differentiate between
Christians, and other non-Muslims, and Muslims, except on the basis of nationality and judges them all as being the same, they are a Kafir.May Allah grant us success. May the peace and blessing be upon our Prophet Muhammad, his family, and Companions.