Ruling By Other Than What Allah Revealed - Ibn Katheer

Ibn Katheer collected the following in his tafseer:

Ali bin Abi Talhah also stated that Ibn `Abbas commented on Allah's statement,[وَمَن لَّمْ يَحْكُم بِمَآ أَنزَلَ اللَّهُ فَأُوْلَـئِكَ هُمُ الْكَـفِرُونَ](And whosoever does not judge by what Allah has revealed, such are the disbelievers,) "Whoever rejects what Allah has revealed, will have committed Kufr, and whoever accepts what Allah has revealed, but did not rule by it, is a Zalim (unjust) and a Fasiq (rebellious) and a sinner.'' Ibn Jarir recorded this statement.

Waki` said that Sa`id Al-Makki said that Tawus said that,[وَمَن لَّمْ يَحْكُم بِمَآ أَنزَلَ اللَّهُ فَأُوْلَـئِكَ هُمُ الْكَـفِرُونَ](And whosoever does not judge by what Allah has revealed, such are the disbelievers,) "This is not the Kufr that annuls one's religion.''

`Abdur-Razzaq said, "Ma`mar narrated to us that Tawus said that Ibn `Abbas was asked about Allah's statement,[وَمَن لَّمْ يَحْكُم]And whosoever does not judge...) He said, `It is an act of Kufr.' Ibn Tawus added, `It is not like those who disbelieve in Allah, His angels, His Books and His Messengers.' Ath-Thawri narrated that Ibn Jurayj said that `Ata' said, `There is Kufr and Kufr less than Kufr, Zulm and Zulm less than Zulm, Fisq and Fisq less than Fisq.'''

Ibn `Abbas was asked about Allah's statement,[وَمَن لَّمْ يَحْكُم](And whosoever does not judge...) He said, `It is an act of Kufr.' Ibn Tawus added, `It is not like those who disbelieve in Allah, His angels, His Books and His Messengers.' Ath-Thawri narrated that Ibn Jurayj said that `Ata' said, `There is Kufr and Kufr less than Kufr, Zulm and Zulm less than Zulm, Fisq and Fisq less than Fisq.'''

(And whosoever does not judge by what Allah has revealed, such are the disbelievers.) Al-Bara' bin `Azib, Hudhayfah bin Al-Yaman, Ibn `Abbas, Abu Mijlaz, Abu Raja' Al-`Utaridi, `Ikrimah, `Ubaydullah bin `Abdullah, Al-Hasan Al-Basri and others said that this Ayah was revealed about the People of the Book. Al-Hasan Al-Basri added that this Ayah also applies to us.

`Abdur-Razzaq said that Ath-Thawri said that Mansur said that Ibrahim said that these Ayat, "Were revealed about the Children of Israel, and Allah accepted them for this Ummah.'' Ibn Jarir recorded this statement.

Ibn Taymiyyah said: And it is known by necessity in the Deen of the Muslims and by the agreement of all the Muslims that whoever CONSIDERS IT PERMISSIBLE TO FOLLOW a Sharee'ah other than the Sharee'ah of Muhammad then he is a Kaafir and it is like the Kufr of the one who believes in some of the Book and disbelieves in some of the Book." -"Al-Fataawa", Vol. 28/ 524

The word is "Sawagha" in Arabic which means "consider it permissible"..the takfeeris mistranslate this word.

Regarding who doesnt rule by what Allaah reveals..Ibn uthaymeen said that Ibn abbas radi Allaahu anhum said that the intent is the kufr which does not expel from the religion as occurs in the saying of the messenger sallah Allahau alayhi wassalam reviling muslim is sin (fusooq) and fighting him is kufr (disbelief)

Imaam At-Tahaawi (rahimahullaah) also said: And we do not pronounce takfeer upon anyone from the people of Qibla by these sins, as long as they do not make them halaal, and we do not say that one who sins his imaan is not harmed. (This is also a refutation of the Murjia whom we are accused of being)

Imaam Ash-Showkaani (rahimahullaah) said:
"..Whoever prostrates to other than Allaah out of ignorance, he does not become a disbeliever." [Naylul Awtaar volume 6/210]

Imam At-Tahawi raheemahulah stated regarding this ayah:

This Ayah signifies that ruling by laws other than those revealed by Allah constitutes infidelity. This type of infidelity is either major which entails apostasy, or minor which does not constitute apostasy depending on the ruler's attitude If he believes that the laws of Allaah are not binding, and that he has a choice, or he took them lightly, or believed that man-made laws are better than the Divine laws because the former are not suitable for this time and age or if he wants to satisfy the infidels and hypocrites by so doing, then he commits major infidelity. But if he believes that the laws of Allaah are binding and knows the respective laws are relevant to the case he is handling and yet he opted to rule by otherwise, recognizing that his deed is wrong, and would be subject to punishment, then such a ruler is disobedient who has committed minor Kufr or disbelief. But if he was ignorant of the respective Divine law and tried his best and utmost seeking it, but missed it, he would have committed an error, but he would be rewarded for exerting the effort to reach the proper judgment and, whose error would be forgiven [At-Tahawiyah p.363-364]