Can one who
judges by something other than that which Allaah
has revealed be regarded as just, if he does not
wrong people?
Answer :
Praise be to Allaah.
The Muslim ummah is one nation,
with one ‘aqeedah (belief) and one sharee’ah
(law). Because every flock needs a shepherd and
every nation needs a leader to guide them to goodness
and ward off evil from them, Islam enjoins the appointment
of a ruler over the ummah, who is to be elected
by the Muslims, to rule them according to the Book
of Allaah and the Sunnah of the Messenger of Allaah
(peace and blessings of Allaah be upon him).
Allaah sent His Messenger of establish
the laws of Allaah and to judge with truth and justice,
as
Allaah says (interpretation
of the meaning):
“O Dawood (David)!
Verily, We have placed you as a successor on the
earth; so judge you between men in truth (and justice)
and follow not your desire for it will mislead you
from the path of Allaah. Verily, those who wander
astray from the path of Allaah (shall) have a severe
torment, because they forgot the Day of Reckoning[Saad
38:26]
The mission of the ruler is to rule
the Muslims according to the Qur’aan and Sunnah,
to spread justice among the entire ummah, to carry
out the hudood punishments, to spread Islam, to
protect the ummah and to engage in jihaad for the
sake of Allaah.
Allaah says (interpretation
of the meaning):
“Verily, Allaah commands
that you should render back the trusts to those,
to whom they are due; and that when you judge between
men, you judge with justice. Verily, how excellent
is the teaching which He (Allaah) gives you!”[al-Nisaa’
4:58]
Justice is one of the most
important principles of Islam, which applies both
to Muslims and others:
“and let not the enmity
and hatred of others make you avoid justice. Be
just: that is nearer to piety”
[al-Maa'idah 5:8 –
interpretation of the meaning]
The ruler of the Muslims is responsible
for his flock. He has to rule them in accordance
with the laws of Allaah, check on their situation,
and lead them to that which will bring them happiness
in this world and in the Hereafter.
The Prophet (peace and blessings
of Allaah be upon him) said:
“Each of you is a
shepherd and is responsible for his flock. The ruler
who is (appointed) over the people is a shepherd
and is responsible for his flock…” (Narrated
by Muslim, no. 1829)
Allaah created mankind, sent down
revelation to them, and sent the Messengers to them
to judge them by that which Allaah has revealed.
Whoever does not judge by that which Allaah has
revealed is a kaafir,
Allaah says (interpretation
of the meaning):
“And whosoever does
not judge by what Allaah has revealed, such are
the Kaafiroon (i.e. disbelievers — of a lesser
degree as they do not act on Allaah’s Law)”[al-Maa'idah
5:44]
If the ruler judges according to
the Book of Allaah and the Sunnah of His Messenger
(peace and blessings of Allaah be upon him), it
becomes obligatory to obey him and haraam to go
against him or to rebel against him.
Allaah says (interpretation
of the meaning):
“O you who believe!
Obey Allaah and obey the Messenger (Muhammad), and
those of you (Muslims) who are in authority. (And)
if you differ in anything amongst yourselves, refer
it to Allaah and His Messenger, if you believe in
Allaah and in the Last Day. That is better and more
suitable for final determination”[al-Nisaa’
4:59]
If the ruler judges by something
other than that which Allaah has revealed, or he
enjoins disobedience to Allaah, then we should not
hear and obey.
The Prophet (peace and blessings
of Allaah be upon him) said:
“The Muslim is obliged
to hear and obey whether he likes it or dislikes
it, unless he is commanded to disobey (Allaah),
in which case he should not hear and obey.”(Narrated
by Muslim, 1839)
The ruler is entrusted with the
affairs of the ummah; he must rule them according
to the laws of Allaah, and be kind and sincere towards
them. If he does not do that, then he must be advised.
If he does not respond (to that advice), the Muslims
should choose another ruler from among those who
are both pious and strong.
The just Muslim ruler will have
great virtue and an honourable status on the Day
of Resurrection.
The Prophet (peace and blessings
of Allaah be upon him) said:
“The just will be
with Allaah on thrones of light on the right hand
of the Most Merciful, and both His hands are right
hands – those who are just in their rulings
and are fair with their families and those of whom
they are in charge.”(Narrated by Muslim, 1827)
If the ruler oppresses or
cheats his flock and is not sincere towards them,
Allaah will deprive him of Paradise. The Prophet
(peace and blessings of Allaah be upon him) said:
“There is no person
whom Allaah has placed in charge of others, who
dies whilst he is insincere towards his people,
but Allaah will forbid him Paradise.”(Narrated
by Muslim, 142)
And he (peace and blessings
of Allaah be upon him) said:
“There is no Muslim
ruler who is put in charge of the Muslims’
affairs then he does not strive on their behalf
or act sincerely towards them, but he will not enter
Paradise with them.” (Narrated by Muslim,
Kitaab al-Imaarah, 22).
Islam is the way for all of the
ummah, so all of the individual members are equal
in that they should – indeed must –
follow its guidance, act in accordance with its
teachings, calling call others to Islam and strive
in jihaad for the sake of Islam.
Allaah warns everyone who fights
against the religion of Allaah or fights those who
speak the word of truth in the houses of Allaah,
that He will put them to shame in this world and
punish them in the Hereafter.
Allaah says (interpretation
of the meaning):
“And who are more
unjust than those who forbid that Allaah’s
Name be glorified and mentioned much (i.e. prayers
and invocations) in Allaah’s mosques and strive
for their ruin? It was not fitting that such should
themselves enter them (Allaah’s mosques) except
in fear. For them there is disgrace in this world,
and they will have a great torment in the Hereafter[al-Baqarah
2:114]
Everyone who entices the Muslims
away from their religion, persecutes them or humiliates
them will be in Hell if he dies without having repented.
Allaah says (interpretation
of the meaning):
“Verily, those who
put into trial the believing men and believing women
(by torturing them and burning them), and then do
not turn in repentance (to Allaah), then they will
have the torment of Hell, and they will have the
punishment of the burning Fire”
[al-Burooj 85:10]
Openly proclaiming the word of truth
is an obligation upon every Muslim at every time
and in every place. Allaah commanded His Messenger
to proclaim the truth, and He guaranteed to protect
him from his enemies.
Allaah said (interpretation
of the meaning):
“Therefore proclaim
openly (Allaah’s Message Islamic Monotheism)
that which you are commanded, and turn away from
Al-Mushrikoon (polytheists, idolaters, and disbelievers).
Truly, We will suffice you
against the scoffers”[al-Hijr 15:94-95]
The greatest jihaad is to speak
the truth before an unjust ruler.
In both the general and the specific
sense, the judge will be rewarded, if he is knowledgeable
and is able to make ijtihaad. If he passes a judgement
and makes the right decision, he will have two rewards,
one for his ijtihaad and one for being right. If
he passes a judgement and makes a mistake, he will
have one reward, that for his ijtihaad.
The Prophet (peace and blessings
of Allaah be upon him) said:
“If the judge passes
a judgement and makes ijtihaad and is right, he
will have two rewards. If he passes a judgement
and makes ijtihaad, and makes a mistake, he will
have one reward.” (Narrated by Muslim, 1716)
From Usool al-Deen al-Islami by
Shaykh Muhammad ibn Ibraaheem al-Tuwayjri (www.islam-qa.com)
