Judging by that which Allaah has revealed

Question

Praise be to Allah.

The Muslim ummah is one nation, with one ‘aqeedah
(belief) and one sharee’ah (law). Because every flock needs a shepherd
and every nation needs a leader to guide them to goodness and ward off
evil from them, Islam enjoins the appointment of a ruler over the ummah,
who is to be elected by the Muslims, to rule them according to the Book
of Allaah and the Sunnah of the Messenger of Allaah
(peace and blessings of Allaah be upon him).

Allaah sent His Messenger of establish the
laws of Allaah and to judge with truth and justice, as Allaah says (interpretation
of the meaning):

“O Dawood (David)! Verily, We have placed you as a
successor on the earth; so judge you between men in truth (and justice)
and follow not your desire for it will mislead you from the
path of Allaah. Verily, those who wander astray from the path of Allaah
(shall) have a severe torment, because they forgot the Day of Reckoning[Saad
38:26]

The mission of the ruler is to rule the Muslims
according to the Qur’aan and Sunnah, to spread justice among the entire
ummah, to carry out the hudood punishments, to spread Islam, to protect
the ummah and to engage in jihaad for the sake of Allaah. Allaah says
(interpretation of the meaning):

“Verily, Allaah commands that you should render back
the trusts to those, to whom they are due; and that when you judge between
men, you judge with justice. Verily, how excellent is the teaching which
He (Allaah) gives you!”[al-Nisaa’ 4:58]

Justice is one of the most important principles
of Islam, which applies both to Muslims and others:

“and let not the enmity and hatred
of others make you avoid justice. Be just: that is nearer to piety”

[al-Maa’idah 5:8 – interpretation of the meaning]

The ruler of the Muslims is responsible for
his flock. He has to rule them in accordance with the laws of Allaah,
check on their situation, and lead them to that which will bring them
happiness in this world and in the Hereafter. The Prophet
(peace and blessings of Allaah be upon him) said:

“Each of you is a shepherd and is responsible
for his flock. The ruler who is (appointed) over the people is a shepherd
and is responsible for his flock…” (Narrated by Muslim, no. 1829)

Allaah created mankind, sent down revelation
to them, and sent the Messengers to them to judge them by that which
Allaah has revealed. Whoever does not judge by that which Allaah has
revealed is a kaafir, as Allaah says (interpretation of the meaning):

“And whosoever does not judge by what Allaah has revealed,
such are the Kaafiroon (i.e. disbelievers — of a lesser degree as they
do not act on Allaah’s Law)”[al-Maa’idah 5:44]

If the ruler judges according to the Book
of Allaah and the Sunnah of His Messenger
(peace and blessings of Allaah be upon him), it becomes obligatory to
obey him and haraam to go against him or to rebel against him. Allaah
says (interpretation of the meaning):

“O you who believe! Obey Allaah and obey the Messenger
(Muhammad), and those of you (Muslims) who are in authority. (And) if
you differ in anything amongst yourselves, refer it to Allaah and His
Messenger, if you believe in Allaah and in the Last Day. That is better
and more suitable for final determination”[al-Nisaa’ 4:59]

If the ruler judges by something other than
that which Allaah has revealed, or he enjoins disobedience to Allaah,
then we should not hear and obey. The Prophet
(peace and blessings of Allaah be upon him) said:

“The Muslim is obliged to hear and obey whether
he likes it or dislikes it, unless he is commanded to disobey (Allaah),
in which case he should not hear and obey.”(Narrated by Muslim, 1839)

The ruler is entrusted with the affairs of
the ummah; he must rule them according to the laws of Allaah, and be
kind and sincere towards them. If he does not do that, then he must
be advised. If he does not respond (to that advice), the Muslims should
choose another ruler from among those who are both pious and strong.

The just Muslim ruler will have great virtue
and an honourable status on the Day of Resurrection. The Prophet
(peace and blessings of Allaah be upon him) said:

“The just will be with Allaah on thrones of
light on the right hand of the Most Merciful, and both His hands are
right hands – those who are just in their rulings and are fair with
their families and those of whom they are in charge.”(Narrated by Muslim,
1827)

If the ruler oppresses or cheats his flock
and is not sincere towards them, Allaah will deprive him of Paradise.
The Prophet (peace and blessings
of Allaah be upon him) said:

“There is no person whom Allaah has placed
in charge of others, who dies whilst he is insincere towards his people,
but Allaah will forbid him Paradise.”(Narrated by Muslim, 142)

And he
(peace and blessings of Allaah be upon him) said:

“There is no Muslim ruler who is put in charge
of the Muslims’ affairs then he does not strive on their behalf or act
sincerely towards them, but he will not enter Paradise with them.” (Narrated
by Muslim, Kitaab al-Imaarah, 22).

Islam is the way for all of the ummah, so
all of the individual members are equal in that they should – indeed
must – follow its guidance, act in accordance with its teachings, calling
call others to Islam and strive in jihaad for the sake of Islam.

Allaah warns everyone who fights against the
religion of Allaah or fights those who speak the word of truth in the
houses of Allaah, that He will put them to shame in this world and punish
them in the Hereafter. Allaah says (interpretation of the meaning):

“And who are more unjust than those who forbid that
Allaah’s Name be glorified and mentioned much (i.e. prayers and invocations)
in Allaah’s mosques and strive for their ruin? It was not fitting that
such should themselves enter them (Allaah’s mosques) except in fear.
For them there is disgrace in this world, and they will have a great
torment in the Hereafter[al-Baqarah 2:114]

Everyone who entices the Muslims away from their
religion, persecutes them or humiliates them will be in Hell if he dies
without having repented. Allaah says (interpretation of the meaning):

“Verily, those who put into trial
the believing men and believing women (by torturing them and burning
them), and then do not turn in repentance (to Allaah), then they will
have the torment of Hell, and they will have the punishment of the burning
Fire”

[al-Burooj 85:10]

Openly proclaiming the word of truth is an
obligation upon every Muslim at every time and in every place. Allaah
commanded His Messenger to proclaim the truth, and He guaranteed to
protect him from his enemies. Allaah said (interpretation of the meaning):

“Therefore proclaim openly (Allaah’s
Message Islamic Monotheism) that which you are commanded, and
turn away from Al‑Mushrikoon (polytheists, idolaters, and disbelievers).

Truly, We will suffice you against the scoffers”[al-Hijr
15:94-95]

The greatest jihaad is to speak the
truth before an unjust ruler.

In both the general and the specific sense,
the judge will be rewarded, if he is knowledgeable and is able to make
ijtihaad. If he passes a judgement and makes the right decision, he
will have two rewards, one for his ijtihaad and one for being right.
If he passes a judgement and makes a mistake, he will have one reward,
that for his ijtihaad. The Prophet
(peace and blessings of Allaah be upon him) said:

“If the judge passes a judgement and makes
ijtihaad and is right, he will have two rewards. If he passes a judgement and makes ijtihaad, and makes a mistake, he will have one reward.” (Narrated by Muslim, 1716)