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Q&A Ustaadh Ahmad Al-Qasas in regards to how the Muslim rulers should be described

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بسم الله الرحمن الرحيم

Question:
Assalaamu Alaikum Ustaadh Ahmad,

I would be grateful if you could answer my question:

In the case where Allah (swt) has negated the Imaan of the one who does not rule by the Shar’a of Allah, what then is the description of our rulers? Are they Murtaddeen (apostates) or Munaafiqeen (hypocrites)?
Answer:


Wa Alaikumus Salaam Wa Rahmatullah,

The ‘Ulamaa have differed in regards to their judgement upon the rulers who do not rule by what Allah (swt) has revealed. Some of them said he is a Kaafir Mutlaaqan (absolutely) whilst the majority have stated that the judgement differs case by case. So if he rules by other than what Allah has revealed and declares that this is the correct manner of ruling and the truth whilst stating that the Shar’a of Allah is not suitable for ruling or that Allah (swt) has not legislated a Shar’a for us to be ruled by i.e. he is a disbeliever in the Shar’a., then in this case he would be a Kaafir (disbeliver).

However if he was to rule by other than what Allah (swt) has revealed due to following his desire, or incompetence or due to a Maslahah (interest) that he has interpreted whilst he affirms the obligation of ruling by what Allah (swt) has revealed, then in this case he would be a Faasiq (rebellious and disobedient) and a Zhaalim (oppressor, transgressor). This is our opinion however this difference does not result in a big difference in regards to the position that is taken in regards to them. This is because removing the ruler who does not rule by what Allah (swt) has revealed is a Waajib (obligation) irrespective of the judgement that is made upon the person in terms of him being a disbeliever or not. Therefore in both cases, whether we have pronounced the judgment of kufr (disbelief) upon him or the judgement of Fisq (wilful disobedience) upon him, he would still be ruling by Kufr i.e. Kufr Bawaah (clear disbelief) has appeared from him. 

Therefore it is not worth delving in it the reality of every single ruler from amongst those ruling over Muslims to answer whether he is a Kaafir, Faasiq, Murtadd or Munaafiq whilst the least that can be said about the ruler who rules by other than what Allah (swt) has revealed, is that they he is a Faasiq Zhaalim Taghout.

 Ustaadh Ahmad Al-Qasas
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