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Allâh created the creation so that He alone should be worshipped, and He sent to them Messengers to teach
them and He sent the Books along with the Messengers to establish judgement according to the truth and justice
between them. Al-Hukm (the Judgement) is to be found in the Speech of Allâh and the speech of His Messenger
sallallâhu ‟alayhi wa sallam, and it includes judgement in matters of al-‟ibâdât (worship), al-mu‟âmalât (social
transactions), al-‟aqâ„id (beliefs), tashrî‟ (Prescribed Laws), siyâsah (politics: to protect and take care of the affairs
of the Ummah), and other human affairs.
The first matter which the Messengers began their call with was the correction of ‟aqîdah (beliefs) and calling
people to Tawhîd (to single out Allâh alone for worship). So Yûsuf - ‟alayhis-salâm - when he was in prison, called
his two companions to Tawhîd when they asked him about the interpretation of dreams. So before answering
their question, he said: “O two companions of the prison! Are many different deities better, or Allâh, the
One, the Irresistible? You do not worship besides Him, except names which you and your forefathers
have forged, for which Allâh has sent down no authority. The Judgement is for none but Allâh. He has
commanded that you worship none except Him. That is the straight Dîn. But most of mankind do not
know.” [2]
It is obligatory that we take the ruling for matters of worship, such as Salâh (Prayer), Zakâh and Hajj
(Pilgrimage), from the Qur„ân and the authentic Hadîth; acting upon the saying of the Prophet sallallâhu ‟alayhi
wa sallam: “Pray as you have seen me pray.” [3] Likewise, his sallallâhu ‟alayhi wa sallam‟s saying: “Take your rites of Hajj
from me.” Acting also upon the sayings of the mujtahid Scholars: “If a hadîth is authentic, then that is my madhhab
(position).” [5]
If the Scholars differ with regards to any matter, then we do not have ta‟assub (bigoted blind adherence) to the
saying of any particular one of them, except whoever has the authentic proof.
With regards to buying and selling, loans, hiring, and other than them - then the Judgement in these matters is
for Allâh and His Messeneger sallallâhu ‟alayhi wa sallam, as Allâh - the Most High - says: “But no by your Lord!
They cannot truly believe, until they make you a judge in all disputes between them, and find in their
souls no resistance against your decision, but accept it with complete submission.” [9]
The mufassirûn (Scholars of Qur„ânic explanation) mention the reason for this Âyah (verse) being sent down,
which was that there were two men who differed about a matter of irrigation. The Messenger sallallâhu ‟alayhi wa
sallam judged in favour of az-Zubayr, so the other man said: You have judged in his favour because he is your
cousin. Then this Âyah (verse) was sent down. [10]
The Judgement with regards to hudûd (prescribed punishments) and qisâs (retaliation) is as Allâh - the Most High -
said: “And We prescribed for them: Life for a life, an eye for an eye, a nose for a nose, an ear for an ear,
a tooth for a tooth and a wound for a wound. But if any remits the retaliation by way of charity, it shall
be for him an expiation. And whosoever does not judge by what Allâh has revealed, then such are the
dhâlims (wrongdoers).” [11]
Even though this Âyah is with regards to the Jews - even so, it still applies to the disobedient Believers who do
not judge by that which Allâh sent down. Then Allâh - the Most High - ordered His Messenger sallallâhu ‟alayhi wa
sallam to judge between the People of the Book, saying: “And judge between them by that which Allâh has
revealed and do not follow their vain desires, but beware of them unless they turn you away from some
of that which Allâh has revealed to you. So if they turn away, then know that Allâh’s Will is to punish
them for some of their sins. And indeed, most of mankind are fâsiqs (rebellious and disobedient). Do
they seek the judgement of Jâhiliyyah (pre-Islâmic ignorance)? And who is better in judgement, than
Allâh, for a people who have certainty.” [12]
The Judgement of Allâh with regards to the Sharî‟ah (Prescribed Laws), is as Allâh - the Most High - says: “He
has prescribed for you all the same Dîn (religion) which He ordained for Noah, and that which We
have revealed to you (the Prophet).” [13] And Allâh criticises the mushriks (those who associate partners to
Allâh in worship) for giving the right of prescribing Laws to other than Allâh, so He said: “Or have they
partners with Allâh, who have prescribed for them a Dîn, that which Allâh has not given permission
for.” [14]
In Summary
It is thus an obligation upon the Muslims to judge by the Book of Allâh and the authentic Sunnah,
turning to them for judgement, whether in matters of ’aqîdah (beliefs), ’ibâdah (worship), siyâsah
(politics), mu’âmalât (social transactions), or any other affair. Also, they should not make a distinction
between the various types of Judgement, acting upon the saying of Allâh - the Most High: “And if you
differ in any matter amongst yourselves, then refer it back to Allâh and His Messenger, if you do
believe in Allâh and the Last Day.” [15] And the saying of Allâh - the Most High: “And in whatever you
differ, the judgement thereof is with Allâh.” [16]
References:
Ibn Abil-‟Izz relates in his Sharhut-Tahâwiyyah (p.208), that Ibn al-Mubârak (d.181H) - rahimahullâh - said: