A man says that some of the shar'i rulings need tobe re-examined and
they need to be changed, because they are not appropriate to the
current age, such as the male's share of inheritance being equal to
the share of two females. What is the shar'i ruling on those who say
such things?.
Praise be to Allaah.
It must be understood that one of the basic principles of faith is
referring to Allaah, may He be exalted, and His Messenger (blessings
and peace of Allaah be upon him) for judgement, submitting to their
ruling and beingcontent with it. Allaah says (interpretation of the
meaning):
"(And) if you differ in anything amongst yourselves, refer it to
Allaah and His Messenger(صلى الله عليه وسلم), if you believe in Allaah
and in the Last Day. That is better and more suitable for final
determination"
[al-Nisa' 4:59].
"But no, by your Lord, they can have no Faith, until they make you (O
Muhammad صلى الله عليه وسلم) judge in alldisputes between them, and
find in themselves no resistance against your decisions, and accept
(them) with full submission"
[al-Nisa' 4:65]
"Do they then seek the judgement of (the days of) Ignorance? And who
is better in judgement than Allaah for a people who have firm Faith"
[al-Maa'idah 5:50]
Every ruling that goes against the ruling of Allaah is a ruling of
ignorance (Jaahiliyyah). Allaah says (interpretation of the meaning):
"Is not Allaah the Best of judges?"
[al-Teen 95:8]
"The command (or the judgement) is for none but Allaah. He has
commanded that you worship none but Him (i.e. His Monotheism); that is
the (true) straightreligion, but most men know not"
[Yoosuf 12:40]
Thus it is clear that refusing to refer for judgement to Allaah, may
He be glorified and exalted, and His Messenger (blessings and peace of
Allaah be upon him), or rejecting their ruling, or believingthat the
ruling of someone else is better than their ruling, constitutes kufr
(disbelief) and puts one beyond the pale of Islam.
Shaykh Ibn Baaz (may Allaah have mercy on him) said:
With regard to the rulings which Allaah has prescribed for His slaves
and explained them in His Holy Book or on the lips of His trustworthy
Messenger (blessings and peace of Allaah be upon him), such as the
rulings on inheritance, five prayers, zakaah, fasting and other things
which Allaah has explained to His slaves and on which the ummah is
unanimously agreed, no one has the right to object to them or to
change them, because this is clear legislation that was decreed for
the ummah at the time of the Prophet (blessings and peace of Allaah be
upon him) and after him until the Hour begins. That includes giving
the male more than the female [ininheritance] among children, sons'
children, siblings through both parents and siblings through the
father, because Allaah has explained it in His Book and the Muslim
scholars are unanimously agreed on that, so it is obligatory to act
upon that out of conviction and faith. Anyone who says that what is
better is something other than that is a kaafir, and similarly the one
who says that it is permissibleto go against that is to be regarded as
a kaafir because he is objecting to the rulings of Allaah, may He be
exalted, and His Messenger (blessings and peace of Allaah be upon him)
and to the consensus of the ummah. The authorities should ask him to
repentif he is a Muslim; if he repents, all well and good, otherwise
he is to be executed as a kaafir and an apostate from Islam, because
the Prophet (blessings and peace of Allaah be upon him) said: "Whoever
changes his religion, execute him." We ask Allaah to keep us and all
the Muslims safe and sound from misguiding turmoil and going against
pure sharee'ah.
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