The status of ruling by that which Allaah has revealed in Islam
Question

                What is the status of ruling by that which Allaah has revealed in Islam? Is the one who rules by something other than that which Allaah has revealed a kaafir?.
Praise be to Allah.
    Ruling by that which Allaah has revealed is part of Tawheed 
    al-Ruboobiyyah (Oneness of the divine Lordship), because it is implementing 
    the ruling of Allaah as is implied by acceptance of His Lordship 
    (Ruboobiyyah) and His perfect sovereignty and control. Hence Allaah calls 
    those who are followed in a manner contrary to what He has revealed 
    arbaab (lords) of their followers. Allaah says (interpretation of the 
    meaning):  

    “They (Jews and Christians) took their rabbis and their 
    monks to be their lords [arbaab] besides Allaah (by obeying them in things 
    which they made lawful or unlawful according to their own desires without 
    being ordered by Allaah), and (they also took as their Lord) Messiah, son of 
    Maryam (Mary), while they (Jews and Christians) were commanded [in the 
    Tawraat (Torah) and the Injeel (Gospel)] to worship none but One Ilaah (God 
    — Allaah) Laa ilaaha illa Huwa (none has the right to be worshipped but He). 
    Praise and glory be to Him (far above is He) from having the partners they 
    associate (with Him)”

    [al-Tawbah 9:31]

    Allaah calls those who are followed “lords” because they are 
    appointed as lawgivers along with Allaah, and He calls the followers 
    “slaves” because they submit to them and obey them in going against the 
    ruling of Allaah, may He be glorified and exalted. 

    ‘Adiyy ibn Haatim said to the Messenger of Allaah  (peace 
    and blessings of Allaah be upon him): “But they do not worship them.” The 
    Prophet  (peace and blessings of Allaah be upon him) said: “Nay, they 
    forbid to them that which is permissible and they permit to them that which 
    is forbidden, and they follow them; that is how they worship them.” 

    Once you understand this, you should realize that with regard 
    to the one who does not rule by that which Allaah has revealed and wants 
    rulings to be referred to someone other than Allaah and His Messenger, there 
    are verses which state that he has no faith, and verses which state that he 
    is a kaafir, zaalim (wrongdoer) and faasiq (rebellious evildoer). 

    As for the first category (i.e. the verses which state that 
    he has no faith): 

    For example, Allaah says (interpretation of the meaning):  

    “Have you not seen those (hypocrites) who claim that they 
    believe in that which has been sent down to you, and that which was sent 
    down before you, and they wish to go for judgement (in their disputes) to 
    the Taaghoot (false judges) while they have been ordered to reject them. But 
    Shaytaan (Satan) wishes to lead them far astray.

    61. And when it is said to them: ‘Come to what Allaah has 
    sent down and to the Messenger (Muhammad 
    صلى الله عليه وسلم),’ 
    you (Muhammad صلى الله 
    عليه وسلم) see the hypocrites turn away from 
    you (Muhammad صلى الله 
    عليه وسلم) with aversion.

    62. How then, when a catastrophe befalls them because of 
    what their hands have sent forth, they come to you swearing by Allaah, ‘We 
    meant no more than goodwill and conciliation!’

    63. They (hypocrites) are those of whom Allaah knows what 
    is in their hearts; so turn aside from them (do not punish them) but 
    admonish them, and speak to them an effective word (i.e. to believe in 
    Allaah, worship Him, obey Him, and be afraid of Him) to reach their 
    innerselves.

    64. We sent no Messenger, but to be obeyed by Allaah’s 
    Leave. If they (hypocrites), when they had been unjust to themselves, had 
    come to you (Muhammad صلى 
    الله عليه وسلم) and begged Allaah’s 
    forgiveness, and the Messenger had begged forgiveness for them, indeed, they 
    would have found Allaah All-Forgiving (One Who forgives and accepts 
    repentance), Most Merciful.

    65. But no, by your Lord, they can have no Faith, until 
    they make you (O Muhammad 
    صلى الله عليه وسلم) judge in all 
    disputes between them, and find in themselves no resistance against your 
    decisions, and accept (them) with full submission”

    [al-Nisa’ 4:60-65]

    Allaah ascribes to these people who claim to have faith when 
    they are hypocrites several characteristics: 

    1.

    They want to refer for judgement to al-taaghoot, which is 
    everything that goes against the ruling of Allaah and His Messenger  
    (peace and blessings of Allaah be upon him), because going against the 
    ruling of Allaah and His Messenger is tughyan and transgression against the 
    ruling of the One to Whom belongs judgement and all things return to Him, 
    namely Allaah. Allaah says (interpretation of the meaning): “Surely, His 
    is the creation and commandment. Blessed is Allaah, the Lord of the 
    ‘Aalameen (mankind, jinn and all that exists)!” [al-A’raaf 7:54].  

    2.

    If they are called to that which Allaah revealed to the 
    Messenger, they refuse and turn away. 

    3.

    If a calamity befalls them because of what their hands sent 
    forth, such as being exposed for their wrongdoing, they come swearing that 
    they only meant good will and conciliation, as in the case of those who 
    reject the rule of Islam today and govern according to laws that go against 
    it, claiming that this is good and suited to modern circumstances. 

    Then Allaah warns these people who claim to be believers but 
    who bear these characteristics that He knows what is in their hearts and 
    what they are concealing of things that are different from what they say. 
    And He commands His Prophet to admonish them and speak to them an effective 
    word. Then He explains the wisdom behind sending the Messenger to be the 
    only one who to be obeyed and followed, and no one else, no matter how 
    strong their ideas and how vast their understanding. Then Allaah swears by 
    His Lordship to His Messenger, which is the most special kind of Lordship 
    and which points to the truth of His message, confirming that faith cannot 
    be valid except with three things: 

    1.

    Referral for judgement in all disputes must be made to the 
    Messenger of Allaah  (peace and blessings of Allaah be upon him).

    2.

    They should open their hearts to his judgement and there 
    should be no objection or resistance to it in their hearts. 

    3.

    There must be full submission and acceptance of his ruling 
    and it must be implemented with no hesitation or deviance.  

    As for the second category (verse which say that he is a 
    kaafir, zaalim and faasiq): 

    For example, Allaah says (interpretation of the meaning):  

    “And whosoever does not judge by what Allaah has revealed, 
    such are the Kaafiroon (i.e. disbelievers — of a lesser degree as they do 
    not act on Allaah’s Laws)”

    [al-Maa’idah 5:44] 

    “And whosoever does not judge by that which Allaah has 
    revealed, such are the Zaalimoon (polytheists and wrongdoers — of a lesser 
    degree)”

    [al-Maa'idah 5:45] 

    “And whosoever does not judge by what Allaah has revealed 
    (then) such (people) are the Faasiqoon [the rebellious i.e. disobedient (of 
    a lesser degree)] to Allaah”

    [al-Maa’idah 5:47].

    Can these three characteristics be applied to one person, 
    i.e., is the one who does not rule by what Allaah has revealed a kaafir, 
    zaalim and faasiq? Because Allaah has described the kaafirs as being 
    wrongdoers and evildoers, as He says (interpretation of the meaning): 
    “And it is the disbelievers who are the Zaalimoon (wrongdoers)” [al-Baqarah 
    2:254] and “Certainly they disbelieved in 
    Allaah and His Messenger, and died while they were Faasiqoon (rebellious, — 
    disobedient to Allaah and His Messenger 
    صلى الله عليه وسلم)” [al-Tawbah 
    9:84], so every kaafir is a wrongdoer and evildoer 
    – or do these characteristics apply to those  described only insofar as they 
    do not rule by that which Allaah has revealed? The latter is more likely in 
    my view, and Allaah knows best.  

    We say: The one who does not rule by that which Allaah has 
    revealed because he regards it as insignificant, or he looks down on it, or 
    he believes that something else is better and more beneficial to people, is 
    a kaafir in the sense of being beyond the pale of Islam. Among these are 
    those who promulgate for the people legislation that goes against Islamic 
    laws to be a way by which people live. They only promulgated that 
    legislation which goes against Islamic laws because they believe that it is 
    better for people, because it is well known on the basis of common sense [?] 
    that people do not turn away from one way to another way that is different 
    unless they believe that the one they turned to is better and that the one 
    they turned away from is lacking.  

    If a person does not rule by that which Allaah has revealed, 
    but he does not regard it as insignificant, look down on it or believe that 
    something else is better than it and more beneficial for people, rather he 
    rules by something else by way of wronging those who are under his rule and 
    out of vengeance and so on, then he is a wrongdoer but he is not a kaafir, 
    and the level of his wrongdoing varies according to the alternative by which 
    he rules and the means of ruling. 

    If a person does not rule by that which Allaah has revealed, 
    but he does not regard it as insignificant, look down on it or believe that 
    something else is better than it and more beneficial for people, rather he 
    rules by something else so as to fulfill the wish of those who are ruled, or 
    because of a bribe or for some other worldly reason, then he is a faasiq 
    (rebellious evildoer) but he is not a kaafir, and the level of his 
    wrongdoing varies according to the alternative by which he rules and the 
    means of ruling. 

    Shaykh al-Islam Ibn Taymiyah (may Allaah have mercy on him) 
    said concerning those who take their rabbis and monks as lords instead of 
    Allaah that they are of two types: 

    1.

    Those who know that they changed the religion of Allaah and 
    they follow them in those changes, and believe in the permissibility of what 
    was  forbidden and the prohibition of what Allaah has permitted, following 
    their leaders, even though they know that they have gone against the 
    religion of the Messengers. This is kufr and Allaah and His Messenger regard 
    it as shirk. 

    2.

    Those who believe in the permissibility of what was forbidden 
    and the prohibition of what Allaah has permitted, but they obeyed them in 
    disobeying Allaah, as the Muslim does when he commits sins that he believes 
    are sins. They come under the same ruling as other sinners. End quote. 

    Shaykh Muhammad ibn ‘Uthaymeen (may Allaah have mercy on 
    him).