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Question
Is the promulgation of man-made laws and drawing up a constitution for ruling by them instead of the laws of Allah a matter concerning which the scholars differed and both opinions are views of Ahl al-Sunnah? There is a discussion among some brothers as to whether this action is kufr that puts one beyond the pale of Islam or is a sin. Please explain and clarify.
Is the muqallid entitled to follow either of the two views or not?
Did Shaykh Ibn ‘Uthaymeen say at the end of his life that promulgating man-made laws is a sin, which contradicted his earlier view that it was major kufr?.
Answer
Praise be to Allaah.
Firstly:
Promulgating man-made laws that are contrary to the rulings of Allah and His Messenger concerning matters of blood, honour and wealth, is an act of major kufr which puts one beyond the pale of Islam. There is no doubt whatsoever concerning that, and there is no difference of opinion concerning it among the Muslim scholars. Promulgating such laws is competing with Allah, may He be exalted, in His rule and is going against Him in His laws. Allah says (interpretation of the meaning): “Or have they partners with Allaah (false gods) who have instituted for them a religion which Allaah has not ordained?” [al-Shoora 42:21].
Taqiyya in Qur'anic Revelation
The Qur'an itself is further testimony to taqiyya. Since God is believed to be the revealer of these verses, he is by default seen as the ultimate perpetrator of deceit — which is not surprising since he is described in the Qur'an as the best makar, that is, the best deceiver or schemer (e.g., 3:54, 8:30, 10:21).
While other scriptures contain contradictions, the Qur'an is the only holy book whose commentators have evolved a doctrine to account for the very visible shifts which occur from one injunction to another. No careful reader will remain unaware of the many contradictory verses in the Qur'an, most specifically the way in which peaceful and tolerant verses lie almost side by side with violent and intolerant ones. The ulema were initially baffled as to which verses to codify into the Shari'a worldview — the one that states there is no coercion in religion (2:256), or the ones that command believers to fight all non-Muslims till they either convert, or at least submit, to Islam (8:39, 9:5, 9:29). To get out of this quandary, the commentators developed the doctrine of abrogation, which essentially maintains that verses revealed later in Muhammad's career take precedence over earlier ones whenever there is a discrepancy. In order to document which verses abrogated which, a religious science devoted to the chronology of the Qur'an's verses evolved (known as an-Nasikh wa'l Mansukh, the abrogater and the abrogated).
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