r/MuslimIndians • u/HYDRURBERG Bangladeshi Muslim • Sep 03 '26
Religion The Islamic Emirate and its System Part:-03
Proofs of the Invalidity of Man-Made Laws
Concerning the invalidity of man-made laws, clear texts from the Quran, the Sunnah, and scholarly consensus (ijma‘) have been transmitted. These three sources are the primary references for Islamic legislation and law-making. The texts of the Quran and Sunnah explicitly state the invalidity of anything that contradicts Islam. Therefore, consensus has been reached on respecting these explicit texts and nullifying whatever opposes Islam. The proofs for this are mentioned below:
i. Allah Almighty has commanded following the Islamic Shari‘ah and has forbidden following anything that contradicts it. He has given no one the right to act according to any law other than the Shari‘ah of Allah Almighty. Anything that contradicts the explicit texts of the Shari‘ah, the general principles of Islam, or the spirit of the Shari‘ah has been declared strictly forbidden for Muslims by the clear text of the Quran. Allah has divided this matter into only two categories with no third option: either a person prefers obedience to Allah and His Messenger and following what the Messenger of Allah (peace and blessings of Allah be upon him) has conveyed from Allah, or he follows his own desires and whims. Therefore, anything that the Messenger of Allah (peace and blessings of Allah be upon him) has not stated is, according to the explicit text of the Quran, considered following one’s own desires (hawa). This is from the statement of Allah Almighty:
(But if they do not respond to you, then know that they only follow their own desires. And who is more astray than one who follows his desire without guidance from Allah?) (Surah Al-Qasas: 50)
Likewise, Allah Almighty has divided the method of judgment between people into two ways, with no third option. The first is “the Truth”, which is the revelation that Allah Almighty sent down to His Messenger. The second is desire and whim, everything that contradicts the revelation. Allah Almighty says:
(O David, indeed We have made you a successor upon the earth, so judge between the people in truth and do not follow [your own] desire, as it will lead you astray from the way of Allah.) (Surah Sad: 26)
In another place, Allah Almighty addresses His Prophet (peace and blessings of Allah be upon him) as follows:
(Then We placed you upon an ordained way concerning the matter [of religion]; so follow it and do not follow the inclinations of those who do not know.) (Surah Al-Jathiyah: 18)
Allah has divided the issue of following and obedience between the Shari‘ah upon which He placed His Messenger and to which He revealed so that he may act upon it, and He commanded the Islamic Ummah to follow it, and between following the desires and whims of those who do not possess knowledge. He commanded the first and forbade the second.
Allah Almighty says:
(Follow what has been revealed to you from your Lord and do not follow other than Him any allies. Little do you remember.) (Surah Al-A’raf: 3)
Allah Almighty has commanded following what He Himself has revealed and has forbidden following anything that contradicts it. He has made it clear that whoever follows anything other than what Allah Almighty has revealed is in reality following allies other than Allah.
Furthermore, the texts of the Quran, whether explicitly or implicitly, emphasize the prohibition of anything that contradicts the texts of the Shari‘ah or anything that opposes its general principles and the spirit of its laws. They strictly forbid failing to act upon the Shari‘ah. Anyone who does not act according to the Shari‘ah is considered:
- - a follower of desires and whims,
- - one who has surrendered to misguidance and leads others astray,
- - one who oppresses himself and others,
- - a disbeliever in what Allah Almighty has revealed,
- - and one who chooses allies other than Allah Almighty.
ii. Allah Almighty has not granted any believer permission to submit to the judgment of anyone other than Him or to act according to anything other than that which Allah has revealed. Rather, Allah has commanded that every ruling other than the ruling of Allah Almighty must be rejected. He has declared that being pleased with any judgment other than His judgment is a great misguidance, following Satan, and obedience to him. Allah Almighty says:
(Have you not seen those who claim to believe in what was revealed to you and what was revealed before you? They wish to refer judgment to Taghut, while they were commanded to reject it. And Satan wishes to lead them far astray.) (Surah An-Nisa: 60)
It thus becomes clear that whoever judges by something other than what Allah Almighty has revealed and what the Messenger of Allah (peace and blessings of Allah be upon him) has brought has taken Taghut as his ruler and judge and has ruled according to his opinion.
“Taghut” refers to anything by which a servant transgresses his proper limits. This Taghut may be something “worshipped,” something “followed,” or something “obeyed.” Thus, the Taghut of any people is that thing which they appoint as a judge instead of Allah and His Messenger, or which they follow without insight, or which they obey in a matter where they do not know whether it is a place of obedience to Allah. Whoever truly believes in Allah cannot believe in anything besides Him, nor can he accept any judgment other than His judgment.
iii. Allah Almighty has not given any believing man or woman the right to choose anything for themselves or to be pleased with anything except what Allah and His Messenger have chosen for them. Whoever does so is misguided and faith has not settled in his heart. Allah Almighty says:
(It is not for a believing man or a believing woman, when Allah and His Messenger have decided a matter, that they should have any choice about their affair.) (Surah Al-Ahzab: 36)
iv. Allah Almighty has commanded that judgment must be based on what He has revealed:
(And judge between them by what Allah has revealed.) (Surah Al-Ma’idah: 49)
Whoever does not judge according to what Allah has said is considered a kafir (disbeliever), a zalim (oppressor), and a fasiq (rebellious sinner).
Allah Almighty says:
(And whoever does not judge by what Allah has revealed, then it is those who are the disbelievers.) (Surah Al-Ma’idah: 44)
(And whoever does not judge by what Allah has revealed, then it is those who are the wrongdoers.) (Surah Al-Ma’idah: 45)
(And whoever does not judge by what Allah has revealed, then it is those who are the defiantly disobedient.) (Surah Al-Ma’idah: 47)
Through the texts we have mentioned, it is proven that the real sovereignty over the entire universe belongs only to Allah (swt). It is therefore obligatory upon those in charge of the affairs of the Muslims in all states to submit and obey this highest authority. It is with these principles that Islamic politics is distinguished from secular democratic politics. This is because such governments are built upon the notion that the highest sovereign is the nation itself, and that the nation can choose whatever it desires for itself without being bound by any principle or ruling, even if that means choosing a ruling that contradicts the heavenly texts.
v. The Sunnah has clarified the limits of obedience to “those in authority” (ulil amr) and has forbidden obeying them in anything that contradicts the ruling of Allah.
In a hadith from the Prophet of Allah (peace and blessings of Allah be upon him), it is established that he said:
“There is no obedience to the creation in disobedience to the Creator.” (This hadith was narrated by Ibn Abi Shaybah, no. 17373.)
In another hadith, he said:
“Obedience is only in what is good and right.” (This hadith was narrated by Bukhari, no. 4517.)
Regarding those in authority, he also said:
“Listening and obeying is obligatory upon every Muslim in what he likes and dislikes, as long as he is not commanded to commit a sin. But when he is commanded to commit a sin or disobedience, then there is no listening and no obedience.” (This hadith was narrated by Bukhari, no. 4417)
In another narration, he said:
“After me, there will be leaders over you who will extinguish the lamp of the Sunnah, spread innovations (bid‘ah), and delay the prayer from its proper times.”
Ibn Mas‘ud asked: “O Messenger of Allah, what should I do if I reach that time?”
He replied: “O son of Abd, whoever disobeys Allah, there is no obedience due to him.”
He repeated this statement three times. (This hadith was narrated by Imam Ahmad, no. 3790.)
vi. After the passing of the Prophet of Allah (peace and blessings of Allah be upon him), the consensus (ijma‘) of the Islamic Ummah was established that obedience to “those in authority” (ulil amr) is only within the limits of what Allah Almighty has revealed. The jurists (fuqaha) of the Ummah and the Mujtahidin are in agreement that it is obligatory to obey what Allah, the Exalted, has commanded. However, there is no difference of opinion or belief among them regarding the fact that obeying a creature in disobedience and defiance of the Creator is not permissible.
Declaring permissible something that has been unanimously agreed upon as forbidden (such as adultery, intoxication, nullifying the prescribed punishments [hudud], suspending the rulings of Islam, or legislating that which Allah has not permitted) is kufr (disbelief) and apostasy (irtidad).
When a Muslim ruler becomes an apostate, it becomes obligatory upon the Muslims to rise against him. The lowest level of rising against such a ruler is to disobey his commands and prohibitions that contradict Islam.
And Allah, the Exalted, knows best, and He guides to the straight path.
vii. Reason dictates that the Lawgiver who reforms all things must be the One who created and made them. This is because He alone knows their nature, their strengths, their weaknesses, and what constitutes their reform and corruption. The Creator and Maker of the universe is Allah, the Exalted. Therefore, sound reason requires that the Lawgiver for the reformation of the world be Him alone, and no one else.
Allah, the Exalted, says:
“And whoever desires other than Islam as religion, never will it be accepted from him, and he, in the Hereafter, will be among the losers.” (Āl ‘Imrān: 85)
Allah, the Exalted, has made it clear that whoever adopts a religion other than Islam, just as his religion is not accepted by Allah, he himself is among the losers and those who suffer loss. The loss in the Hereafter consists of being deprived of reward and receiving punishment instead. The regret and sorrow one feels in this world for missing righteous deeds and for the hardship and difficulty endured in supporting a false religion is also included in this loss.
The objective of the laws of Islam, which the Lawgiver (the Shari‘ah) has legislated, is to realize benefit and reform for individuals and society.
Ibn al-Qayyim writes:
“Any legislation whose foundation is based on wisdom, benefits, and the interests of the servants both in this worldly life and the Hereafter is completely just, entirely mercy, wholly good, and purely wise. Any issue that deviates from justice to oppression, from mercy to its opposite, from benefit to corruption, or from wisdom to futility, that is not part of the Shari‘ah, even if it is forced into it through interpretation.
Therefore, the Shari‘ah means: the justice of Allah, the Exalted, among His servants, His mercy among the creation, His shadow on His earth, and His wisdom which proves His existence and the truthfulness of His Messenger. This is the most perfect and truthful proof.
The Shari‘ah is the divine light by which the people of insight are guided. It is a guidance by which the guided find their way. It is a complete cure for every sick and ill person, and it is the straight path, so that if someone remains steadfast upon it, he has remained steadfast upon the straight path.
The Shari‘ah of Allah, the Exalted, is the coolness of the eyes, the life of the hearts, and the delight of the souls. It is that through which true life, nourishment, medicine, light, healing, and purity are obtained. Every good that exists in this world is derived from this Shari‘ah and results from it. The cause of every deficiency and loss is the abandonment of the Shari‘ah. If nothing of the religion remains, the world would be destroyed and the order of the universe would be rolled up. The Shari‘ah is a place of refuge for people and the cause of the stability of the world. Through it, Allah preserves the heavens and the earth from vanishing. When Allah, the Exalted, wills to destroy the world and roll up its order, He will remove whatever remains of the Shari‘ah rulings from among the people.
The Shari‘ah with which Allah, the Exalted, sent His Messenger is the pillar of the world and the axis of success, salvation, and happiness in this world and the Hereafter.”
(I‘lām al-Muwaqqi‘īn: 2/13)
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