APOSTASY OF SEEKING JUDGEMENT OF TAGHUT (PART-2)

 ABU MUHAMMAD ALHANAFI

Religious knowledge is being taken away  and ignorance is prevailing just like the
time of the mushrikeen in the arabian peninsula who forgot about millatu ibrahim
because amr bin luhayy introduced the worship of idols into the arabian peninsula
and the millah of ibrahim alayhis salaam was lost except to those few hunafa who
knew the truth our time is similar if not worse the hadith in bukhari is a
confirmation of this reality.

The calamity of wicked scholars deceiving and misguiding the masses is more worse
than the dajjal and was the same fitna that befell the jews and christians tasabbuh
al kuffar ( imitation of the kuffar) is a deadly disease and it has reached levels
where many have fell into shirk without to know.

Abu Dhar said, “I was with the Prophet (Sall Allahu alayhi wasalam) one day and I
heard him saing: “There is something I fear for my Ummah than the Dajjal.” It was
then that I became afraid, so I said: ” Oh Rasool Allah! Which thing is that?” He
(SAW) said; “Misguided and astray scholars.”

Recorded in Musnad Imam Ahmad (no.21,334 and no.21,335). Sheikh Shu’ayb al Arna’ut

These wicked scholars are just like the jewish rabbis who distorted the haqq and
claimed Allah said this but in fact Allah did not say this the wicked scholars
claim seeking judgement from taghout is claiming your huqooq ( rights) this is
where they are cursed by Allah for their lying

And verily, among them is a party who distort the Book with their tongues (as they
read), so that you may think it is from the Book, but it is not from the Book, and
they say: “This is from Allāh,” but it is not from Allāh; and they speak a lie
against Allāh while they know it. (Aali Imran 3:78)

The masses have blindly accepted what these scholars have said without question
assuming because the scholar is more knowledgeable he can not be wrong thus they
fell into the trap of shirk of obedience and copied the jews and christians the
nabi sall Allahu alayhi wasalam told us this would happen

“Allah’s Messenger (sal Allahu alaihi wa sallam) said: ‘You will indeed follow the
ways of those before you, hand span by hand span, and an arms length after another.
Even if they enter into a lizard’s hole, you will follow them.’ We (the Sahaba)
asked, ‘Is it the Jews and the Christians?’ He replied, ‘Who else!’” [Bukhari]

The one who says going to the taghout for judgement is not shirk but claiming your
rights back is like the one who claims trading is riba and riba is trade but where
one wishes to get around the prohibition Allah said concerning the matter ” 275.
Those who eat Ribā (usury) will not stand (on the Day of Resurrection) except like
the standing of a erson beaten by Shaitān (Satan) leading him to insanity. That is
because they say: “Trading is only like Ribā (usury),” whereas Allāh has permitted
trading and forbidden Ribā (usury (Al-Baqarah 2:275)

If we look also at the sabbath breakers whereby fishing was not allowed on the
sabbath the jews tried to get around the prohibition where the trap was set on
friday the fish got caught on saturday then collected on sunday they tried to cheat
the shariah and Allah cursed them and turned them into apes and pigs

And ask them (O Muhammad Sall Allahu alayhi wasalam) about the town that was by the
sea, when they transgressed in the matter of the Sabbath (i.e. Saturday): when
their fish came to them openly on the Sabbath day, and did not come to them on the
day they had no Sabbath. Thus We made a trial of them for they used to rebel). (Al-
A’raf 7:163)

And when a community among them said: “Why do you preach to a people whom Allāh is
about to destroy or to punish with a severe torment?” (The preachers) said: “In
order to be free from guilt before your Lord (Allāh), and perhaps they may fear
Allāh.” (Al-A’raf 7:164)

So when they forgot the remindings that had been given to them, We rescued those
who forbade evil, but We seized those who did wrong with a severe torment because
they used to rebel (disobey Allāh). (Al-A’raf 7:165)

So when they exceeded the limits of what they were prohibited, We said to them: “Be
you monkeys, despised and rejected.” (It is a severe warning to the mankind that
they should not disobey what Allāh commands them to do, and be far away from what
He prohibits them). (Al-A’raf 7:166)

In usul al fiqh a principle is stated that the haal ( reality) of a matter does not
change the ruling despite time or place or a different name so just because
nowadays people call riba making a profit in banking or mortgages does not make
riba halal likewise they call alcohol spirits it does not make alcohol halal and
also they call seeking judgement of taghout claiming your rights it does not make
it halal.

Likewise if a person says we can use the laws of taghout against the kaafir in
court such as suing him for harassment or taking him to court to punish him with
their own kufr laws this is the same as one who says he will ask a saahir
( magician) to perform magic to remove magic from someone both the one who asks for
magic and the one who performs it are mushrik the ruling does not change
irregardless of intention.

Just because no islamic state exists today does not mean we can arbitrate to
taghout it is part of our tawhid we seek judgement from the quran and sunnah in any
dispute this seeking of judgement or ruling can be carried out by a human judge if
he is a muslim who judges by quran and sunnah and there is nothing wrong with this
because Allah says ” O you who believe! Obey Allāh and obey the Messenger (Muhammad
SAW), and those of you (Muslims) who are in authority. ((An-Nisa 4:59)

The word wali ul umr is mentioned and the ulama explain it means the caliph or qadi
of shariah court and the scholars if one goes to a shaykh and asks him for the hukm
of Allah and His rasul sall Allahu alayhi wasalam and he gives the verdict with the
evidence and he carries out the judgement this is acting upon the verse.

Likewise in the case of a dispute between husband and wife Allah allowed
arbitrators  as He subhanahu wa ta’ala says ” If you fear a breach between them
twain (the man and his wife), appoint (two) arbitrators, one from his family and
the other from her’s; if they both wish for peace, Allāh will cause their
reconciliation. Indeed Allāh is Ever AllKnower, WellAcquainted with all things.
(An-Nisa 4:35)

The error of the khawarij was that they believed humans were not allowed to carry
out the judgement of Allah at all as they believed it is using the laws of men this
was the error of the khawarij and their takfir of Ali radiallahu anhu Ibn abbas
radiallahu anhu refuted them on these points and most abandoned their aqeedah
however tahakkum ila taghout is clear shirk because the kaafir has walayah and he
is judging by the laws of kufr this is not the same as having a muslim judge with
quran and sunnah the verse in surah an nisa verse 59 says minkum which means from
among you muslims.

Most people who attend the kaafir courthouse do so for dunya but they claim they
are under duress and can not get their rights this way so if their car is damaged
in an accident they sue the person who damaged their court, or if someone owes them
money they take them to court for this  all for money the prophet sall Allahu
alayhi wasalam condemned such people for their love of money

Narrated / Authority of: Abu Huraira

The Prophet (Sall Allahu alayhi wasalam ) said, “Let the slave of Dinar and Dirham
of Qatifa and Khamisa (i.e. money and luxurious clothes) perish for he is pleased
if these things are given to him, and if not, he is displeased!” Sahih Bukhari
Hadith no: 146

We will examine those who claim they are under duress and see if their claim is
valid is the one who walks to and from the court and drives there without being
arrested or in chains under duress?

Imam Ibn Hajar al-Asqalani states the following:

1- The person to threaten must carry the power (strength/authority) in order to

2- The individual under coercion must strongly believe that the threat will take
place unless what had been ordered is done.

3- The action of threat must take place soon. If the person to execute the threat
states something similar to “if you do not do as I tell you, I will beat you
tomorrow!” this is not considered being under coercion. However if this is an
action which is to take place very soon or if it is known that this authority will
do as he states, in this case it would be an exception.

4- The person under coercion must not show a sign that he is taking such action
willingly.

Ibn Hajar does not openly state the attribute of the threat however he does state
the following which we present as a fifth principle.

5- The type of threat or the limitation must take importance.

Ibn Hajar states: “There is opposing views regarding threat; there has been a
mutual decision regarding death, the loss of an organ, severe beating, and long
term of imprisonment. And there are opposing views regarding light beating or a day
or two of imprisonment…”

He also states: “There are opposing views regarding the limitation of coercion.
From Amr with a strong chain Abd ibn Humayd narrated: “When a person is imprisoned,
when he is tied or when he is tortured he is not certain of his life.” Another
narration from Shurayh is similar to this with the following addition: “Four things
are coercion: imprisonment, beating, threat and being tied.” (Fathu’l-Bari, 12/311-
312)

There are two types of ikrah ( duress) Ikrah mulji which is full complete duress
such as one having a weapon directed at him and threatened, severe beating and
torture, verbal threat by the authorities to carry out the act etc  the second type
of ikrah is ikrah i naqis which is incomplete duress such as imprisonment or being
tied most of the ulama only accept ikrah mulji as valid form of duress and this is
the more stronger opinion based on the evidence.

Allah revealed a verse concerning Ammar bin yassir radiallahu anhu who was severly
tortured and said words of kufr recanting islam whilst being tortured Allah said
concerning this ” “Any one who, after accepting faith in Allah, utters Unbelief,
-except under compulsion, his heart remaining firm in Faith- but such as open their
breast to Unbelief, on them is Wrath from Allah, and theirs will be a dreadful
Penalty. ” (an-Nahl 16/106)

It is agreed upon in ahlus sunnah wal jamaah we do not make takfir on a muslim who
is forced to utter words of kufr so long as his heart is filled with imaan however
for one to be under duress he must not do the act willingly or want to do it this
is the case with those who go to the courts for judgement they want to go to court
for judgement even though it is shirk how are they under duress?

”and they wish to go for judgement (in their disputes) to the Tāghût (false judges,
etc.) while they have been ordered to reject them. But Shaitān (Satan) wishes to
lead them far astray. (An-Nisa 4:60)

Iraadah means they wish to go for judgement it is an action of the limbs the fact
they wish to take their disputes to taghout is enough evidence they are not under
duress whatsoever this is not the case of one who is in chains and shackles and
dragged into court he is under duress and he does not wish to seek judgement he is
excused and we wont call him kaafir however the one who has a dispute with someone
whilst a free man and takes his dispute to the courts is a kaafir and a mushrik as
he wishes to go by his action of the limbs.

Allah told us what necessity is when one is forced in life and death situations
concerning eating haraam meat such as pig ”  But whosoever is forced by necessity
without wilful disobedience, nor transgressing due limits, (for him) certainly,
your Lord is OftForgiving, Most Merciful.” (Al-An’am 6:145)

The above verse is an evidence against those who wish to go to taghout as the verse
says without wilful disobedience nor transgressing the limits so this means those
who do not love to do the act nor want to but have no choice as they must either
eat the pig or die this is called daroorah ( necessity)  those who seek judgement
from taghout do so just for their dunya and it is not considered duress at all
rather it is kufr of the dunya and Allah says concerning those people

That is because they loved and preferred the life of this world over that of the
Hereafter. And Allah does not guide the Kafir.” (an-Nahl 16/107-109)

The final point is concerning what about if a muslim man or woman has been
oppressed by the kuffar  are they allowed to go to the courts to get justice? the 
answer is simple if a muslim woman for example was raped by a kaafir man she isnt
sinful for being raped as she was oppressed this is duress if she did utter words
of kufr if the rapist told her to say it if he will stop the rape likewise if a
kaafir points a gun at a muslims head saying renounce islam or you will die this is
duress  however this is only during the actions as mentioned in these situations
whereas going to court means seeking judgement and this isnt done out of duress but
to get justice done for them this will never be considered duress and it will be
shirk irregardless unless the person was threatened at gunpoint or in chains to go
to court and can not escape.

Shirk is worse than any action of killing and rape or slander or stealing Allah
says

” Verily, Allāh forgives not that partners should be set up with him in worship,
but He forgives except that (anything else) to whom He pleases, and whoever sets up
partners with Allāh in worship, he has indeed invented a tremendous sin. (An-Nisa
4:48)

” Verily! Joining others in worship with Allāh is a great Zûlm (wrong) indeed.
(Luqman 31:13)

it is narrated that the Prophet (peace and blessings of Allaah be upon him) said:
“Whoever dies claiming that Allaah has a rival, will enter Hell.”

Narrated by al-Bukhaari, 4497; Muslim, 92.

The Mufti of Najd, Shaykh Abdu’r-Rahman bin Hasan commenting the Ayah: “There is no
compulsion in Din, the right path has become distinct from the wrong path, whoever
disbelieves in Taghout and believes in Allah has then grasped the most trustworthy
handhold that will never break…” (al-Baqarah 2/256) said that the one who seeks
judgment from the Taghout has not disbelieved in Taghout; but believed in him. He
also said referring to the story of the hypocrite who was killed by Umar
(radiyallahu anh), that a person who commits such an act of Kufr should be killed.
(Fathu’l-Majid)

Shaykh Jamalu’d-Din al-Qasimi, Sulayman bin Abdullah and Abdu’l-Latif bin Abdu’r-
Rahman all pointed out that there is no doubt that whosoever seeks the judgment of
other than Allah (azza wa jall) has disbelieved in Him and believed in Taghout.
(ad-Durrar as-Saniyya, Kitaab Hukm al-Murtad, 10/426)

Shaykh Hamd ibn Atik said that: “One of the factors that turn a Muslim into an
Apostate (Murtad) is seeking any judgment other than that of Allah (azza wa jall)
and His Prophet (sallallaahu alayhi wa sallam). That is precisely what happened
when people used to judge by the laws and traditions of their fathers. They had
actually introduced a set of Laws known as ‘Shara’a ar-Rifaka’, to which they gave
priority over Allah’s Laws. Therefore anyone who submits to such Laws is a Kafir.”
(Majmuat at-Tawhid, 1/361)

Shaykh Hamd ibn Nassir al-Maa’mar said that an-Nisa 4/59 is clear evidence that
Muslims must go back to Allah (azza wa jall) and His Prophet (sallallaahu alayhi wa
sallam) in their disputes and that is a condition, which proves their belief in
Allah (azza wa jall) and the Day of Judgment. That is why Allah (azza wa jall)
says: “…if you believe in Allah and the Last Day.” (an-Nisa 4/59) (Majmuat ar-
Rasail wa’l-Fatawa Hamd ibn Nasir, 173)

Shaykh Sulayman Ibn Samhan talked about the ‘Shara’a ar-Rifaka’ and said that if
you ask the worshipers of the Taghout to come back to the judgment of Allah (azza
wa jall) and His Prophet (sallallaahu alayhi wa sallam), and avoid the law of the
Taghout, they will answer by saying: “That the only reason why we go to these laws
for judgment is to avoid killing one another, because if one does not agree with
the other party to submit to such laws (Shara’a ar-Rifaka), then one will kill the
other.” Therefore, if you know that going to Taghout for judgment is Kufr, then you
should also remember that Allah (azza wa jall) has said that Kufr is worse than
killing. Allah (azza wa jall) says: “…Say fighting therein is a great
(transgression) but a greater (transgression) with Allah is to prevent mankind from
following the Way of Allah, to disbelieve in Him, to prevent access to al-Masjid
al-Haraam and to drive out its inhabitants, and al-Fitnah (Polytheism and
disbelief) is worse than killing…” (al-Baqarah 2/217) and “…And al-Fitnah (Shirk
and Kufr) is worse than killing…” (al-Baqarah 2/191)

Shaykh Sulayman Ibn Samhan also said that if going to the Taghout for judgment is
Kufr, and since disputes are related to wordly matters, then how could it be
possible to commit Kufr in pursuit of Dunya matters! Iman can never be fulfilled
until Allah (azza wa jall) and His Prophet (sallallaahu alayhi wa sallam) are the
most loved and until we love our Prophet (sallallaahu alayhi wa sallam) more than
we love our children, fathers and all mankind. So if all your wordly interests are
to perish, it will be an act of Kufr to seek a judgment other than that of Allah
(azza wa jall) and His Prophet (sallallaahu alayhi wa sallam). And if you had to
choose between forsaking your worldly interests and going to the Taghout for
judgment, it would then be obligatory upon you to relinquish your Dunya, and you
would never be allowed to go to the Taghout for judgment. (ad-Durrar as-Sunniyya)

He also mentioned the story of the hypocrite (the man who was dissatisfied with the
judgment of the Prophet (sallallaahu alayhi wa sallam) whom Umar (radiyallahu anh)
killed and said that this is exactly what should be done to those who seek the
Taghout’s judgment; firstly because they are apostate and secondly, because of the
mischief they would commit on earth. There will never be up righteousness in us
until we take Allah (azza wa jall) as the only Ilah (god/deity), Islam as our Din
and Muhammad (sallallaahu alayhi wa sallam) as our Prophet whom we should follow
and go for judgment to. And whenever we deviate from this right path, there will be
a great mischief and destruction on earth. When Allah (azza wa jall) says: “Have
you seen those (hypocrites) who claim that they believe in that which has been sent
down to you, and that which was sent down before you, and they wish to go to for
judgment to the Taghout, while they have been ordered to reject them. But Shaytan
wishes to lead them far astray.” (an-Nisa 4/60) He (subhanahu wa ta’ala) clearly
showed that anyone who claims that he believes in Allah and His Prophet and then
resorts to other than Allah’s Shari’ah is a liar, a hypocrite, and is straying far
from the right path. (ad-Durrar as-Sunniyya)

Our advice to those people who think of arbitrating to taghout for dunya is to fear
Allah and not join partners with Him if a harm has been afflicted to you in dunya
be patient and never go to the taghout for judgement as Allah has forbidden it we
only seek judgement from shariah not from democracy or man made laws

Do people think that they will be left alone because they say: “We believe,” and
will not be tested. (Al-’Ankabut 29:2)

And We indeed tested those who were before them. And Allāh will certainly make (it)
known (the truth of) those who are true, and will certainly make (it) known (the
falsehood of) those who are liars, (although Allāh knows all that before putting
them to test). (Al-’Ankabut 29:3)