5:44. Whoever (Obviously those ‘Muslim’ rulers) do NOT JUDGE by Allah’s LAW (thus REJECT Allah’s Law) – they are the KAFIRUN

The Ayah 5:44

إِنَّا أَنزَلْنَا التَّوْرَاةَ فِيهَا هُدًى وَنُورٌ ۚ يَحْكُمُ بِهَا النَّبِيُّونَ الَّذِينَ أَسْلَمُوا لِلَّذِينَ هَادُوا وَالرَّبَّانِيُّونَ وَالْأَحْبَارُ بِمَا اسْتُحْفِظُوا مِن كِتَابِ اللَّهِ وَكَانُوا عَلَيْهِ شُهَدَاءَ ۚ فَلَا تَخْشَوُا النَّاسَ وَاخْشَوْنِ وَلَا تَشْتَرُوا بِآيَاتِي ثَمَنًا قَلِيلًا ۚ وَمَن لَّمْ يَحْكُم بِمَا أَنزَلَ اللَّهُ فَأُولَٰئِكَ هُمُ الْكَافِرُونَ

“Indeed, We sent down the Torah, in which was guidance and light. The prophets who submitted [to Allah ] judged by it for the Jews, as did the rabbis and scholars by that with which they were entrusted of the Scripture of Allah , and they were witnesses thereto. So do not fear the people but fear Me, and do not exchange My verses for a small price. And whoever does not judge by what Allah has revealed – then it is those who are the disbelievers.”

Bangla

আমি তওরাত অবর্তীর্ন করেছি। এতে হেদায়াত ও আলো রয়েছে। আল্লাহর আজ্ঞাবহ পয়গম্বর, দরবেশ ও আলেমরা এর মাধ্যমে ইহুদীদেরকে ফয়সালা দিতেন। কেননা, তাদেরকে এ খোদায়ী গ্রন্থের দেখাশোনা করার নির্দেশ দেয়া হয়েছিল এবং তাঁরা এর রক্ষণাবেক্ষণে নিযুক্ত ছিলেন। অতএব, তোমরা মানুষকে ভয় করো না এবং আমাকে ভয় কর এবং আমার আয়াত সমূহের বিনিময়ে স্বল্পমূল্যে গ্রহণ করো না, যেসব লোক আল্লাহ যা অবতীর্ণ করেছেন, তদনুযায়ী ফায়সালা করে না, তারাই কাফের।

My Critical Reasoning:

Ayah 5:44 (Whoever doesn’t rule by Allah’s Law, is a Kafir)

What does this mean? The one who doesn’t believe in Allah and His Rasul, is a Kafir, isn’t that what we know already?

yes, that’s true.

Then what about this Kafir? Does it give us another definition of Kafir?

Good question and very thoughtful. Let’s have a critical reasoning of this. A Kafir, who is already a Kafir, can he be Kafir because he doesn’t rule by Allah’s Law?

No!
A Kafir rejects Allah, Rasulullah already. Obviously, he won’t follow Allah’s LAW. Therefore, not following Allah’s law cannot be a condition for him to confirm his Kufr again, make sense?

Then who Allah Subhanahu talking about in this Ayah?

Obviously, the Ayah only makes sense when you put ‘Muslim’ ruler in that situation, those ‘Muslims’ who does not rule by Allah’s law and those who choose and enforce Kuffar’s law, man-made law over the law of Allah, the Only Law Giver, thus they REJECT Allah’s Law and it is the REJECTION of Allah’s law that makes them Kafir.

And Allah knows best.

How do you know the misguided Ulema?

But here is the greatest scholar of our time, Shaikh Ibn Uthaimeen, (http://oasisofknowledge.com/imaam-ibn-uthaimeen-on-the-khawaarij-of-the-era/) gives the following explanations:

There is another (narration) from Ibn Abbaas concerning this verse, which explains that the intent is the Kufr which does not expel from the religion, as occurs in the saying of the Messenger (sallallaahu alaihi wasallam), “Reviling Muslim is sin (Fusooq) and fighting him is Kufr (disbelief). And in the view of the some of Mufassiroon, it was actually revealed for the People of the Book, this is because the actual context of the passage is what occurs before

Do you have any idea what he intended by qouting these references? Let’s do the critical reasoning of these explanations. We will do the second part first.

By bringing the view of ‘……Some Mufassiroon…….before’, doesn’t he try to imply that the ayah is applicable to the Jews and Christians?

It seems so.

Allah says “whosoever does not judge by what Allâh has revealed, such are the Kâfirûn”
Who Allah indicated as Kafirun in the Ayah?

Jews and Christians.

Why?

Because they don’t Judge by Allah’s LAW while Allah has given them TORAH.

So, why they suppose to Judge by Allah’s LAW?

Because they are the people who believed in Allah and Allah Subhanahu gave legislation TORAH to them to follow.

Then, if by not judging by Allah’s law (Torah) makes Jews and Christians Kafir, then did Allah give a book of Law to Muslims too?

Yes,

Then let me ask you, if Jews and Christian can be Kafir because they don’t judge by Allah’s Law (Torah), then if Muslim do not Judge by Allah’s LAW (teh Quran), doesn’t it apply the same to Muslim too?

It should. Yes, it’s a simple math!

Of course, it is a simple math while Allah, the ONLY Legislator commanded in many other Ayahs to Judge by Allah’s Law.

La Hawla Wa La Quawwata Illa Billah!
How come then such greatest scholar could come up with this argument that “It is a view of some Mufassiroon” to put an indication that the ayah meant to apply to the Jews and Christians by clearly mentioning that “it is revealed for the people of the book”?
What’s his intention?

So that he can divert the attention of the ‘sheep’ among the Muslims away, to give those ‘sheep’ an impression that it is not applicable to Muslims now!

And who do we Muslim refer such things? to shaitan.
And Allah knows best.


Now, come to the first part of his explanations.
In the first part, ‘the intent is the Kufr which does not expel from the religion’

Why he took the discussion to the next level when he has problem recognising the main issue properly?

Only explanation is that, he tried to take the mind of his readers away from the main issue by bringing the branches into the discussion.

This is done in the intention to misguide people from straight thinking. The Ayah is straight forward. ‘You don’t judge by Allah’s Law, you are Kafir’. If you are really on truth you would have agreed on this point straight away. Those other things come second whether a person intentionally did it or not.

Let me put an analogy to clear the delusion he himself in and the same he intend to put the people in.

You witnessed a person killed another person in front of your very eyes.
The person is brought into the court. How do you describe the person? As ‘the Killer’!
Would you think twice to describe this person other than that? It is a clear like a day. A person klilled another person, he will be called a Killer. No buts no ifs. Plain and simple!

The other issues comes later. Why he killed him? What his intention? Did he intentionally killed him or not? These things comes later on investigation. But in every stages he will be described as a Killer. No doubt about that.

You need to agree on that in the first place, He is a Kafir who clearly is judging by the law other than Allah’s law. And by doing that you are not going out of the Quran!

Any ‘Muslim’ country, the govt., each and every individual involved in the process where they judge by even a single Law other than Allah’s Law are Kafirun. It’s just that simple! This is the first thing you have to agree on.

Only then you can come to the next discussion.
There could be people who are ignorant, who doesn’t know the law he is involve in is against Allah’s Law.
There could be people who know that the law he is working with is against Allah’s law but he is not much concerned how that impacts him.
There could be people who know that the law he is working with is against Allah’s law but he has nowhere to go for earning.
There could be people who know that the law he is working with is against Allah’s law but he is forced by his personal circumstances.
And so on.
You don’t know the people’s individual circumstances. and you don’t have to bother about that. What you see is what you judge by. You don’t know the mind and intention of the people. You judge people according to his action. His action is Kufr outwardly, he is a Kafir. It’s just that simple. And it is Allah who will judge their individual situations and intentions. (Bukhari 4418) We don’t see people’s heart, we don’t deal with that. (Saheeh Bukhari 2498) The matter of heart is with Allah. We don’t open it.

And then why do you go to explain the next level issues, “It doesn’t expel him from religion” when you are clearly denying the issue by diverting it to elsewhere at the first place?

And I hope this is one of the issue which will help a truth seeker to understand the falsehood and the Baatil Ulema. May Allah guide them to the truth.
And Allah knows best.

What about what comes next?

Take one thing at a time my brother. What comes next will discuss at its proper place.

How do you treat when you consider someone’s Kufr? 

This Ayah doesn’t say anything about that. That’s you talking about the investigating part (refering to the analogy cited above) which is out of the scope of this Ayah.
Is that what makes you scared to accept Allah’s plain word? Naujubillah!
You go by Allah’s word brother. First thing is, as per the Ayah, you have to LABEL him as Kafir whoever doesn’t judge by Allah’s law. It’s done. You don’t let shaitan gives you this and that, ifs and buts to take Allah’s word lightly. This is Allah’s word. Take it hard my brother! Take it real hard.


And Allah knows best.
Any good comes from this, is only from Allah and May Allah, the perpetual forgiver, forgive me for any mistake from me and May Allah protect me from any harm that this may bring to me and May Allah guide me to the truth wherever it is. And May Allah guide our misguided Ulema. May Allah guide Muslims. Ameen.

Disclaimer:

I am just a student of knowledge in a beginner level. I seek knowledge and I use my intellect with Allah’s guidance. Al Hamdulillah my understanding goes with many scholars and I consider them as Haqq.
Therefore, you don’t have to take from me anything. Take from the learned scholar.
And if you want to understand this Ayah in wholistic perspective from a Scholar of Haqq then please read from here.

SHAYKH SULAYMAAN AL-‘ALWAAN
Sheikh Muhammed Salih Al-Munajjid

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