Shari'ah Versus Man Made Laws.-Taqleed, Democracy and Islam

It is necessary to refer all matters of disagreement between Muslims to Allah Subhana hu Wa Ta’ala and His Messenger Muhammad (Sall Allah u Alaihi wa Sallam). This is important for the Muslim to know and implement because it indicates the complete submission to Allah without which one would not be a Muslim.

Allah Subhana hu Wa Ta’ala says:
“If you differ in anything among yourselves, refer it to Allah and His Messenger (Sall Allah u Alaihi wa Sallam), if you believe in Allah and the Last Day. That is best and most commendable in the end”
(Surah An Nisa ayat 59)
“And whatever you disagree upon, its decision is with Allah”
(Surah As Shoora ayat 10)

What is mentioned in these verses regarding referring to Allah means referring to His Book; and referring to the Messenger (Sall Allah u Alaihi wa Sallam) means referring to him in person when alive, to his Sunnah after his death. The third verse of surah Al Maaidah- “Today I have perfected for you your religion!” is also proof that the Shari’ah has been perfected and completed. It covers everything that the believers may disagree upon concerning their religion, from the smallest to the greatest, whether hidden or evident. And if there were not a clear solution to their disagreement in Allah’s Book and His Messenger’s (Sall Allah u Alaihi wa Sallam) Sunnah, or if they were not enough for that, then He would not have ordered us referral to them.
Allah Subhana hu Wa Ta’ala says: “Follow that which has been revealed upon you from Allah and do not follow any other friends besides it. Little do you recollect!”

(Surah Al-A’raaf: Ayah 3)
 Rasoolullah (Sall Allah u Alaihi wa Sallam) said:
“O people for sure, I am leaving among you these (two things), if you hold them firmly, you would never go astray. Those two things are Allah’s book and the way of his prophet.”
(Narrated by Hakim in Al Mustadrak with a Saheeh Sanad)
Shari’ah is the Judge and is not to be judged: This is its power and its role. This means that the Shari’ah rules and judges whether people’s sayings and doings are correct or not. It judges between them when in conflict and disagreement. It confirms the right and abolishes the falsehood. This fact sometimes is violated through some wrong practices:
TAQLEED: The fanatics in the different Madaahib, schools of thought, judge the Quran and Sunnah by what their Imam say. For example, Abul Hassan al-Karkhy, a prominent Hanafi Imam, said:
“Every verse in the Quran that differs with our Madhab’s understanding is either wrongly interpreted or abrogated, and the same applies to every hadeeth as well.”
(Usool ul Karkhy)
The above statement needs no elaboration and such a belief is without, an iota of doubt, clear Kufr.

DEMOCRACY: Today, one of the ugly examples of people taking the Divine Shari’ah into their own hands is the one related to the so-called democracy by taking people’s opinion, directly or through their parliament, about implementing the Islamic Laws. The essence of this is subjugating the implementation of the Creator’s Shari’ah to the will of His creatures or rendering it to a mere choice like any human-set constitution or laws. This is total and clear disbelief, Kufr. Democracy has become a religion unto its self that is totally against Islam. A few points are being presented herein to draw a clear picture of this new religion that is being used by the West to control the so-called Islamic states at will through their pawns.
The very word democracy is derived from the Greek word demos meaning the people.
Democracy is defined as a form of government, which is of the people, by the people and for the people.

a) In democracy the rule lies with the people whereas in Islam Allah Subhana hu Wa Ta’ala is the ruler.

b) In democracy the people are the source of power. In Islam the source of power is the Almighty Allah Subhana hu Wa Ta’ala.

c) In democracy a body of elected representatives of the people acts as the lawmaker. In Islam Allah Subhana hu Wa Ta’ala is the lawmaker.

d) In democracy the viewpoint or vote of a scholar and that of an ignorant ordinary layman is considered of equal worth. In Islam the scholars and the ignorant people are not considered equals. This is because of the knowledge, which the scholars possess. In fact Rasoolullah (Sall Allah u Alaihi wa Sallam) has given a very high position of respect to the scholars of Islam. To elaborate further, what counts in democracy is simply the number of people who vote for any given representative, if 10 ordinary people vote for a person and 9 scholars oppose his election, then the viewpoint of the 9 scholars has no value as compared to the 10 ignorant people. This situation cannot arise in the Islamic way of governance.

e) In democracy one is supposed to prove to the masses that he is the most suitable candidate and every effort is made to prove one’s eligibility and credibility for the post. In Islam if someone presents himself for a particular post then he shall never be given that post ever. As Rasoolullah (Sall Allah u Alaihi wa Sallam) said: “We do not give the office to one who asks for it or one who desires it.” (Saheeh Bukhari Kitab Istitaabatil Murtaddeen Wal Muanideen Wa Qitaalihim).

f) Dissension and disunity is strictly forbidden in Islam whereas in democracy the opposition benches are a pre requisite for any government formation. These opposition members openly dissent with any government policy, in fact they are in the assemblies for this particular function.

g) In Islam it is prohibited to praise oneself and disrespect others whereas in democracy this is an integral part of practice.

h) A number of laws passed by the constituent assemblies are against Islam but are still implemented and practiced openly. This means that the Word of Allah is considered inferior to the word of Man and this is clearly Shirk.

i) Last but not the least, it is known to everyone that the Constitution of any democratic country is considered sacred by its politicians and elected representatives. The violation of the Constitution is considered treason. But if there is any violation of the Book of Allah or the teachings of His prophet Muhammad (Sall Allah u Alaihi wa Sallam), it does not create any unrest in the society. Why? This is simply because the Man made Constitution and laws are considered superior or more important than the Law of Allah Subhana hu Wa Ta’ala. Is this Islam? Can Islam ever be preserved along with the democratic institutions of today? For sure, any person with reasonable knowledge of Islam can never take part in the exercise of democracy. But it is tragic that today even the so-called Ulema and scholars openly advocate the cause of democracy.

The above comparison is clear indication that Democracy is absolutely against Islam and there can be no reconciliation between the two in any way. In fact it is a sort of parallel religion to Islam and Islamic values.
If a person thought that ruling in accordance with what Allah has descended is not mandatory and that he has a choice in it, or he belittled it, while certain that it is Allah’s judgment, then he has committed Kufr, disbelief.
No one from this Ummah is without fault except the Prophet (Sall Allah u Alaihi wa Sallam). And so Allah ordered us, when in conflict, to refer to Him and to His Messenger (Sall Allah u Alaihi wa Sallam), and not to refer to anyone else’s opinion, saying or laws. Hence it is understood that there can be fault in anyone’s sayings except the sayings of Allah and His Messenger (Sall Allah u Alaihi wa Sallam). This also indicates that the claim of some sects that their Imams are faultless is baseless and clear Kufr.
Asserting this principle, Imam Malik (Rahmatullah Alaihi) said, “Any one’s sayings may be corrected except those of the Prophet (Sall Allah u Alaihi wa Sallam)”. And similar statements were quoted from Imam Abu Hanifa (Rahmatullah Alaihi), Imam Ahmed Ibn Hambal (Rahmatullah Alaihi), Imam Shafi’ee (Rahmatullah Alaihi) and others although their exact words may differ a little.
Please see Ibn ul Abideen, Seyar Aa’laam un Nubalaa and Usool ul Ahkaam for more exemplary sayings of the four Imams in this regard.
Therefore, whenever any disagreement may occur it has to be solved according to the teachings of Islam. The referral to the Quran and the Sunnah has to be done by those who qualify for it, the scholars.
Allah says: “If you do not know, ask of those who possess the Message.”
(Surah An Nahl ayat 43)
With regards to asking the scholars and referring to them, we caution the Muslims from two types of scholars:
1.Scholars who do not consider the Quran and Sunnah as complete but rather believe that the jurisprudence and conjecture of Man can also be a part of religion. All scholars of sectarian Madahib come under this category. Because if they would have considered the Quran and Ahaadith as the only and complete sources of Islamic law then these sects would have never ever existed.
2.Scholars who sell themselves for worldly possessions.
Rasoolullah (Sall Allah u Alaihi wa Sallam) said:
“Keenness on money and worldly belongings will ruin someone’s religion more
effectively, than a couple of hungry wolves can ruin a herd of sheep, if left alone with it.”
(Narrated by Tirmizi and Ibn Habbaan with a Sanad Saheeh)
When people of knowledge prefer this worldly life and love it, they will definitely say, what is not true about Allah, in their judgments, sayings and actions. This is due to the fact that Allah’s rulings are not always in accordance with people’s desires especially those in positions of power and those who follow dubious paths. Their needs are always fulfilled in disagreement with the Truth. If the scholars and judges have a liking to power and follow dubious paths, they will have their way only by using what opposes the truth.
Thus, it is imperative for Muslims to strictly follow the Quran and Sunnah and not vain desires either of their own or of those they hold in respect. This can only be done by abandoning all Man made laws, which are contradictory to the Shari’ah.

(O prophet!) No, by your Lord, they are not believers until they make you their judge in the disputes that break out between them and then do not resist what you decide and submit themselves [to you] completely. (Surah An-Nisa ayat 65)
May Allah keep us all on the right path. Aameen.

Shahid Ali.
8thSafar, 1429
6thFebruary, 2008

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