• the • kufr • of • electing • legislator’s • besides • Allah •

The Disbelief (Kufr) Of Electing Legislators Besides Allah (Fatwa)

Shaykh Abdullah bin Muhammad al-Ghunaymaan

The Shaykh, may Allah (swt) preserve him, says: “All creatures are the slaves of Allah (‘ibaad Allah), the Majestic and High, and He created them so that they may become worshipers of Allah, the Majestic and High. The slave must act according to the commands of His Master and a follower of His Speech and Shari’ah (Law), and not (become) a lord or a rival to Him in the legislation (tashree’a) and the judgment (hukm) between the creation. If he is like this, (then) he becomes a competitor with Allah to the same degree that Fir’awn (Pharaoh) and his fellow greater tawagheet did (i.e. those things which have transgressed the limits of Tawheed and are worshipped besides Allah).”

He also said: “And concerning that which makes a creature, which the people establish, choose and say that ‘this act is on my behalf’ or ‘I chose this’ – after which he becomes a legislator of laws which he judges by – (then) he came with something which negates his iman (belief) and he must review himself and seek repentance so he does not fall into shirk, which is the greatest of sins.”

Those who elect legislators along with Allah claim they do so because their intention is not to make them partners with Allah, but rather reformers. The answer of the Shaykh concerning this question which was addressed to him (is as follows): “If one does an action which is the opposite of the Shari’ah, his intention does not benefit him. The one who elects the legislator and (then) he says, ‘I only elect him to become a reformer’, although the action of this legislator is to be a partner along with Allah in terms of His legislation, which is against the Book of Allah and His legislation – (then) verily, the hukm (legislation) is for none but Allah (swt). However, the intention may be accepted if the action is permissible within the Shari’ah.

He also said, may Allah preserve him, “Yes, if a person knows that he elected this person so he can become a legislator, and he knows that (the right of) legislation is for none but Allah alone, the Majestic and High, and he said, ‘I want this person (as a legislator) because I know that he is a righteous person and he will establish righteousness which will prevent the Mufsideen (those who cause corruption) from taking over, and therefore I elect this person’, that will indeed not benefit him.”

He also said, “Although he claims his intention is righteous, it will not benefit him, even if it is righteous. This is because electing him on this basis is not permissible, and due to that he has fallen into a negating factor from among the negating factors of belief (iman).”

He also said in his answer to the question that if the person enters in legislative council and said he will not start legislating and will not practice any forms of legislation, but will only take the position of legislation (what is the ruling upon such a person)? He said, may Allah preserve him: “If he enters the government which consists of legislation and laws, he is surely content with it, and being content with laws from other than Allah, the Majestic and High, is kufr (disbelief). For example, if he allowed himself to become a legislator, that in itself is not only kufr, but he also becomes one of the heads of the tawagheet; and the tawagheet are many. He is one of the tawagheet because he lets the hukm be with him and not with Allah, the Majestic and High.”

He said, may Allah have mercy upon him, in an advice he gave to the voter (for man-made law): “My advice to you is to cling to the commands of this deen (religion), and to be steadfast upon the Tawheed of Allah (swt). And if you fall short of this, (then) you must repent and seek refuge and renew your iman. And the world does not benefit you, so the person must leave these matters and renew his deen should he have fallen into one of the negating factors which negate iman.”

Regarding the validity upon praying behind those voters who elect creatures in the position of legislation, he said, may Allah preserve him: “If one has fallen into that and he knows; praying behind him is not valid. One must pray behind those who have correct ‘aqeedah (creed/belief) and have not fallen into one of the negating factors which negate iman.”

[Taken from a recorded lecture delivered by Shaykh al-Ghunaymaan entitled: ‘And (agree) that none of us shall take others as lords besides Allah.’ (Aali ‘Imraan 3:64)]

Other ‘ulema (scholars) who support Shaykh al-Ghunaymaan in what has been mentioned above include Shaykh Muhammad al-Ameen ash-Shinqiti, Shaykh Muhammad bin Ahmad al-Furraaj, Shaykh Naasir al-‘Umar, Shaykh al-Muhaddith Abu Ayyub al Barqawi, Imam Abu ‘Isa ar-Rifa’ee and many others. We will now cite some of what they have said:

Shaykh al-Qahtaanee said: “Because the source of (the legislation in) democracy is the people, then what remains for Allah (swt)? Therefore, democracy, which is built upon this, is definitely kufr (disbelief) which takes you out of Islam…Democracy, by the definition of its people, is clear kufr (kufr buwaa).”

Shaykh ‘Abdullah as-Sad also said: “There is no doubt that democracy is kufr (disbelief), and I ask Allah (swt) to take us away from these things…The people of democracy will not allow you to join them unless you swear to act according to their law, and this is kufr (disbelief). Those people who implement Shaytaan’s law, and who call for democracy and elections, they only want to attract the anger of the Muslims…”

Shaykh Bishr al-Bishr also said: “If anyone is given the right to make law, his is a taghut (false god) because he is calling the people to worship him.”

Shaykh ad-Deebaan said, “From what I know about the Parliament, it is a committee (gathering) of tawagheet and it is not permissible for anyone to enter this on the basis of ‘benefit’ (maslaha) for the Muslims…”