The following is a translated summary of an audio where Shaykh ‘Abdullah bin Muhammad al-Ghunaymaan (hafidhullah) is asked a series of questions related to voting and its Shirk. Many thanks to the brother who translated this important and beneficial work. The translation is about 90% of what is heard in the audio. Audio link and you can also try Audio link

The questioner first mentions that in the majority of the Muslim lands in this time, the people do not judge between each other according to the Shari’ah [the divinely revealed Islamic legislation], but rather they judge between each other according to invented man made laws. He then asked the mufti about the Islamic ruling on the people who are pleased to legislate and refer to “man made laws” instead of the Shari’ah.

The mufti started his reply by saying that it is completely prohibited for a ruler/judge to legislate with any legislation other than the Shari’ah.

And that referring to the legislation of Allah [tahaakum ilaa Allah] is from “Imaan” and “Tawheed”, and legislating is one of the specific rights of Allah.

Then he mentions as proof the verses in the Qur’aan where Allah ta’ala says,

” Have you not seen those who were given a portion of the Scripture? They believe in jibt and Tâghût and say to the disbelievers that they are better guided as regards the way than the believers. Those are they whom Allah has cursed, and whomever Allah curses you shall not find any helper for him. ” 4:51-52

Then he mentions the people must know that Allah has given us the ruling for every single affair in the Book [and the sunnah]. And that everything we need a ruling for, can be found in the comprehensive meanings of the Qur’aan.

And then he said the mathhab [way] of legislating man made laws and referring to them, in reality opposes the divine legislation and it is something which contradicts Imaan [true faith in Allah] and to refer to them and to legislate man made laws is disbelief [kufr].

Then the questioner asks a question about those who stand in ‘qiyaam’ to something other than Allah, and whether this is major shirk and apostasy…

Then the questioner asks about the nullifiers of al-Islam and applying the ‘ascription’ of disbelief upon a specific person [kutr ul mu’ayyin] who commits an action of kufr such as judging between the people by laws of taaghoot [i.e other than Allah’s legislation].

The shaykh explained that that the words rest upon the ‘doer’, so the one who sits is called the “sitting” person or the who has “Imaan” is called the “believer” and the same is true of kufr[disbelief], we do not distinguish[ta-may-yuz] between the “fi’l”[action] and the “faa’il”[doer of the action].

But we must know that kufr has two categories/types, (1) Major kufr, which expels a person from the religion completely, (2) and the second is minor kufr, which does not expel a person from the religion completely, for example the minor shirk of “riyaa’ “[performing an action of worship for praise or fame etc] or hypocrisy of actions [as mentioned in Bukhaari].

Then he says Ahlus Sunnah has a principal[qaa’i-dah], we refer the issue of which type of kufr is which, by going back to the divine texts.

Then he mentioned three actions which the Prophet described as “kufr” which all the Ummah agree, that the one who does them is still Muslim and not outside of the Deen of Islam.

Then he mentioned some examples of MAJOR kufr which DOES take a person outside the fold of Islam, such as, abandoning tawheed, or giving the rights and qualities which are specific to Allah alone to something created from the creation, for example doing an act of Ibaadah[act of worship] such as prostrating, or seeking forgiveness from other then Allah or claiming to have knowledge of the unseen etc.

Then he mentioned that the issue of “knowledge of the unseen” has some detail, for example whoever says a person knows EVERYTHING from the unseen, or they claim to know something which Allah ONLY knows, then they are kaafir or if someone claims that he, sallallahu alayhi was salaam, had ALL the knowledge of the unseen, or that he knew when he was going to die etc or if someone makes such claims about a wali from the awliyaa’ of Allah, then this is major kufr!

Then the questioner mentions that, some of the innovators say that rejecting the tawagheet [numerous false deities] is the Deen of the Khawaarij, and about praying behind a person who says this…?

The mufti said that indeed the Deen of “Tawheed” [i.e., rejecting taaghoot and believing in Allah alone] is the TRUE Deen and if a person says that rejecting taaghoot is the Deen of the Khawaarij then this person, in reality, does not know or understand the true meaning of “Tawheed”.

And it is obligatory [waajib] upon every single person to know what is “tawheed” and only the “muwahhideen” will be protected from residing eternally in the fires of Hell.

And then he said it is not allowed to pray behind a person of “shirk”[associating partners with Allah], so a person who says that people of tawheed are upon the Deen of the khawaarij, then he is a person who does not know what is “tawheed” and it is not allowed to pray behind such a person.

It is obligatory upon the people to have “taqwah” of Allah and to return back to the Qur’aan in order that they may learn the TRUE Deen of Allah, and to know the TRUTH in order to differentiate between truth and falsehood.

Last question, about people who worship idols and graves by making “tawaaf” around them saying that they don’t worship the person in the grave but they seek nearness[ta-qar-rub] to Allah by way of them.

The mufti started by stating that “tawaaf”[circumambulation] is an act of worship to Allah, and we are not allowed to worship ANYTHING other than Allah alone. And “ta-waaf” is only allowed around the Ka’bah [in Makkah].

If a person makes “tawaaf” around a tree or a stone etc then that is not to be considered as an [acceptable] act of worshiping Allah in any way shape or form…!

A persons actions are based upon their desire [qasd] and will [iraadah] {trans note: meaning they did not do that action of worshiping a tree or stone by accident…! , but rather they “willed” and “desired” to do that action}.

And then he said it is the Murji’ah [a deviant sect] who say that we cant judge on the outward actions, as we don’t know what the person worshiping a tree or stone intends by that…!

And this is the MOST false of false speech…!

All actions are performed based upon an intentions and desires. And it is known in the Deen of Islam, that it is not allowed to direct any type of worship to something created. This is what we call “shirk” [associating partners in Allah’s divinity], so making tawaaf around a grave [or stone or tree] is “shirk” both outwardly and inwardly {trans note: the action in and of itself is an action of “shirk”, let alone when a person “chooses” to do it voluntarily…!}.

So if we see a person worshiping an idol, we call that “shirk”…!

And we do not say that we do not call it “shirk” until we know and investigate what the persons intention was behind worshiping the idol..! This is the most corrupt of matters.

**Thus ends the first half of the tape**

Second half opens with the verse, ” Have you seen those [munaafiq] 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 refer judgment to the Taaghoot. while they have been ordered to reject them, but, shaytaan wishes to lead them far astray. ” [4:60]

The questioner asks a series of detailed questions about the Islamic ruling on legislating by way of parliaments and the [so called] democratic process where people sit down and legislate man made laws which oppose and replace the Shari’ah, and these man made laws are then implemented upon the people.

The questioner explains that these parliaments will claim that Allah is the only “legislator” and that they “intend” rectification of society etc, however, in reality they sit down and decide what to accept and what to reject from the divine Shari’ah, and thus make laws and legislations that contradict and oppose the divine legislation.

The mufti responded by saying, That there must NOT be any doubt whatsoever that “Imaan” [true faith] comprises of speech, actions and knowledge, meaning ” ‘aqeedah “, the beliefs in the heart.

And all the branches and components of “Imaan” or contained/gathered within these three categories. The shaykh briefly mentioned some of the principals of Ahlus Sunnah about “imaan” such as there are certain actions or sayings which can negate and completely nullify “imaan” in it’s entirety.

Then the mufti mentioned that there are certain qualities and rights which are exclusive to Allah alone and that nothing from the creation is given any share in these rights whatsoever.

Such as knowledge of the unseen affairs. This is exclusive to Allah, as only Allah knows what is contained within the heavens and the Earth, and we can only get knowledge of these affairs if Allah reveals a portion of them to us [by way of the Prophets etc].

And then he said, similar to this, is the matter of “legislating” and “rulings”. Legislating is something specific to Allah alone, and we must judge between ourselves ONLY with what Allah has divinely legislated.

And the Scholars of Islam have all agreed that the only legislation allowed, is the “divine” legislation of Allah that was brought by Prophet Muhammed, sallallahu alayhi was salama from Allah the Mighty and Majestic.

And it is also agreed upon that no one is allowed to worship Allah, EXCEPT in the manner that was prescribed by the Messenger, sallallahu alayhi was salama.

And “legislating” is an act of worship which is done to worship Allah and seek closeness to Allah. So therefore, it is “waajib” upon us that legislating [tahaakum] is only sought from Allah alone. This is done by way of refering back to the judgements of the Book of Allah and the Sunnah of the Messenger, sallallahu alayhi was salaam.

So whoever refers judgement to other than the book of Allah or the Sunnah of his Messenger, sallallahu alayhi was salama, then they have sought other than the “legislation” of Allah, such as the legislation of the “taaghoot” [false deities].

And it is known and the evidences are numerous, that no one can be a true believer [mu’min] without rejecting/disbelieving in “taaghoot”, as mentioned in Qur’aan 2:256.

Any legislation that “opposes” the divine legislation is called a “taaghoot” [in and of itself], and this is just one the many meanings of “taaghoot”, another type of “taaghoot” is the person who invites others to worship him, or a person who invites others to worship other than Allah, or a person who invites people to leave the “divine” legislation contained within the Book of Allah and instead, calls them to “legislate” using man made laws and legislations.

And these are just a few of the “tawagheet” [plural of “taaghoot”], are the “tawagheet” are many, and Imaam Ibn Qayyim, rahimahullah, mentioned, that a “taaghoot” is anyone who is[pleased with being] worshiped or anyone who is obeyed or followed BEYOND the limits of the Shari’ah.

So we find most of the “tawagheet” fall into one of these three categories, either they are worshiped, or followed or obeyed. Meaning they are obeyed or followed in opposition to the “divine” legislation of Allah ‘azza wa Jall.

It is known [by necessity] that all of the creation are [in reality] the slaves of Allah. And the “true” slave of Allah follows the command of Allah his Master/Lord, and worships ONLY Allah by following the words of Allah and the “divine” legislation of Allah, which was revealed to us so that we can judge and legislate between each other with it.

And no one is exempt from judging or legislating according to the “divine” legislation, even Fir-awn, May the curse of Allah be upon him, and he was from the Major “tawagheet”, in that he was from those who called others to worship him as a God…!, [trans note: meaning the Fir-awn was still obliged and ordered to follow the “divine” legislation of Allah even though he thought he was a God because of his kingdom and perceived power and authority…! } .

And this matter is very clear in the Book of Allah and Sunnah of the Messenger, sallallahu alayhi was salaam, and in the numerous explanations of the Scholars of Islamic texts.

Then he again reiterates that whoever legislates man made laws and legislations other than the Shari’ah, by which they judge between the people, then this person has commited one of the nullifiers of “imaan” and it is upon him to return back to the Allah as “shirk” is the greatest of all the sins and the only sin that Allah does not forgive.

Then the questioner asked for more clarification on his previous question, about the status of those who say that when they legislate that they do not intend evil or to disbelieve in Allah or to commit “disobedience” to Allah but they only desire “islaah” [good], even though we can see that these parliamentary gatherings are in reality gatherings of corruption. Do we have to accept their stated excuses and stated intentions etc..?

The shaykh responded by saying that, if a person intends to perform an action that opposes the “divine” legislation of Allah, then this intention can not be called a “good” intention, as this person “intends” to oppose the “divine” legislation of Allah and the “good” intention is that which rectifies [instead of opposing].

We know that “legislating” by other than Allah’s “divine” legislation is “shirk” and has been described and named as “shirk” in the Book of Allah azza wa jall.

So we do not judge the action by the intention, as we know peoples intentions differ, as some people do an action to obtain some worldly benefit, or other than that.

For example Jihaad, or seeking knowledge. Some people seek knowledge so that they can know the rulings of Allah and follow them, as the Shari’ah of Allah is supposed to be something followed. Whereas, some people seek knowledge for worldly benefits, or so that they can gain a certain position over the people or a title etc. So people’s intentions differ greatly, and know that the seeking of knowledge is “waajib” upon every Muslim.

So for a Muslim to put himself in the “role” of being a “legislator” is something completely forbidden, so the intention behind him doing so is irrelevant, and Allah knows best.

Then he refuted the claim of those who do something Haraam claiming their “intention” is good. So the mufti quoted the famous hadeeth about intentions, stating that the Prophet, sallallahu alayhi was salama, said that a person who made “hijrah”[migration] in order to marry a woman, then his “hijrah” was to that which he intended [i.e., the woman], and the person who made “hijrah” to Allah and His Messenger, then his “hijrah” was to Allah and His Messenger, sallallahu alayhi was salama.

So some people do something to show off [riyaa’] and some due to en evil desire or some due to love of nationalism/patriotism, and some people do something to make Allah’s Word the highest, and if they do this then it is in the way of Allah, but if do that action for a worldly reason than it is not in the path of Allah at all.

Then he stressed the point that intentions differ greatly, but they are only considered in the “permissible” actions. Whereas the act of taking the role of a “legislator” is completely forbidden in any case, so intentions are ignored, but if that forbidden act was combined with an evil intention, then this is an increase in “sinful disobedience” to Allah.

And then he was asked if that was regarding Major or Minor “shirk”?

So he said, on the recording between 34:25 minutes and 34:59 minutes, that for a person to assume the role of a “legislator” is a completely forbidden action in and of itself and it is not allowed whatsoever for a person to do that, so having the intention to do “good” will not benefit that person and that assuming the role of a “legislator” is one of the negators, that negates “Imaan” in it’s entirety [trans note: i.e., that person leaves the fold of Islam and enters major “disbelief” and “apostasy” [riddah]..!].

Then he advised the people to hold fast the revealed Deen of Allah, and to hold fast to the “tawheed” of Allah azza wa jall, in all their acts of worship. And if they have fallen into error in any of their affairs then it is binding upon them to repent to Allah and seek his forgiveness, and to revive their “Imaan” [faith].

And they must judge between themselves with the “divine” legislation of Allah, and the knowledge of the “divine” legislation of Allah are present and known.

And those “qa-wa-neen al waadi’eeyah” [man made laws and judgements], whether it is in the lands of the disbelievers of elsewhere, it is not permissible for a Muslim to judge according to them nor to bear witness to their validity, as they oppose what the Messenger. sallallahu alayhi was salaam, came with’

And Allah says in the Qur’aan, ” But no, by your Lord, they can have no Faith, until they make you (O Muhammad) judge in all disputes between them, and find in themselves no resistance against your decisions, and accept (them) with full submission”. (Surah An-Nisa’: 65)

And the Shaykh concluded by saying in the last two minutes of the recording, that the one who openly calls the people to follow laws and legislations instead of the “divine” legislation of Allah, then that is “kufr thaahir” [manifest disbelief], and whoever is “pleased” [ridhaa] with man made laws instead of the “divine” legislation, then that is from “kufr” [major disbelief].

Then he mentioned that nobody legislates man made laws, except that, that are pleased with them and pleased with other than the divinely revealed Shari’ah and this is from the [Major] kufr. And this is not just kufr but this person is from the HEADS of the Tawaagheet, and the Tawaagheet are many.

And if a person has certain knowledge that such a person is like this, then prayer behind them is not correct, as this is one of the negators from the negators of “Imaan” and prayer is only correct behind a person whose Aqeedah [beliefs] are correct and sound.
 

Source: Mujahideen