Ruling on promulgating manmade laws and Shaykh Ibn ‘Uthaymeen’s view on that
Question

                Is the promulgation of man-made laws and drawing up a constitution for ruling by them instead of the laws of Allah a matter concerning which the scholars differed and both opinions are views of Ahl al-Sunnah? There is a discussion among some brothers as to whether this action is kufr that puts one beyond the pale of Islam or is a sin. Please explain and clarify. 

Is the muqallid entitled to follow either of the two views or not?  

Did Shaykh Ibn ‘Uthaymeen say at the end of his life that promulgating man-made laws is a sin, which contradicted his earlier view that it was major kufr?.
Praise be to Allah.
      Firstly: 

    Promulgating man-made laws that are contrary to the rulings 
    of Allah and His Messenger concerning matters of blood, honour and wealth, 
    is an act of major kufr which puts one beyond the pale of Islam. There is no 
    doubt whatsoever concerning that, and there is no difference of opinion 
    concerning it among the Muslim scholars. Promulgating such laws is competing 
    with Allah, may He be exalted, in His rule and is going against Him in His 
    laws. Allah says (interpretation of the meaning): “Or have they partners 
    with Allaah (false gods) who have instituted for them a religion which 
    Allaah has not ordained?” [al-Shoora 42:21]. 

    And Allah says concerning obedience to one who permits dead 
    meat (interpretation of the meaning): 

    “Eat not (O believers) of that (meat) on which Allaah’s 
    Name has not been pronounced (at the time of the slaughtering of the 
    animal), for sure it is Fisq (a sin and disobedience of Allaah). And 
    certainly, the Shayaateen (devils) do inspire their friends (from mankind) 
    to dispute with you, and if you obey them [by making Al‑Maytah (a dead 
    animal) legal by eating it], then you would indeed be Mushrikoon 
    (polytheists); [because they (devils and their friends) made lawful to you 
    to eat that which Allaah has made unlawful to eat and you obeyed them by 
    considering it lawful to eat, and by doing so you worshipped them; and to 
    worship others besides Allaah is polytheism]” 

    [al-An‘aam 6:121]. 

    And Allah 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”

    [al-Nisa’ 4:60-61]. 

    If this is the ruling of Allah concerning the one who wants 
    to refer for judgement to false judges, then how about the false judge 
    himself who promulgates laws instead of Allah. 

    How can legislation that is contrary to the laws of Allah not 
    be kufr, when it inevitably implies permitting that which is forbidden and 
    forbidding that which is permitted, or giving the legislators the right to 
    do that, so they have the right to permit whatever they want and to forbid 
    whatever they want; whatever the majority agrees upon must be carried out 
    and the one who goes against it is punished and criminalised. This is the 
    ultimate kufr. 

    Shaykh al-Islam Ibn Taymiyah (may Allah have mercy on him) 
    said: If a person regards as permissible that on which there is scholarly 
    consensus that it is forbidden, or regards as forbidden that on which there 
    is scholarly consensus that it is permitted, or he alters a law on which 
    there is consensus, then he is a kaafir and apostate, according to the 
    consensus of the fuqaha’.

    End quote from Majmoo‘ al-Fataawa, 3/267 

    Ibn Katheer (may Allah have mercy on him) said: The one who 
    forsakes the law that was revealed to Muhammad ibn ‘Abd-Allah, the Seal of 
    the Prophets (blessings and peace of Allah be upon him) and refers for 
    judgement to any other law that has been abrogated, has committed an act of 
    kufr, so how about the one who refers for judgement to al-Yaasa and gives it 
    precedence? The one who does that is a kaafir according to the consensus of 
    the Muslims.

    End quote from al-Bidaayah wa’l-Nihaayah, 13/139. 

    Al-Yaasa (also known as al-Yaasiq) refers to the laws of the 
    Tatar Genghis Khan, who forced the people to refer to them for judgement.
    

    Undoubtedly the one who promulgates laws himself commits a 
    greater act of kufr and is more misguided than one who refers to them for 
    judgement. 

    Al-‘Allaamah Muhammad al-Ameen al-Shanqeeti (may Allah have 
    mercy on him) said: From verses such as that in which Allah says 
    (interpretation of the meaning) “and He makes none to share in His 
    Decision and His Rule” [al-Kahf 18:26], it may be understood that the 
    followers of those who promulgate laws other than those which Allah has 
    ordained are associating others with Allah (shirk). This understanding is 
    explained clearly in other verses, such as the verse which speaks of those 
    who follow the laws of the Shaytaan in permitting dead meat, claiming that 
    it has been killed by Allah [and thus should be permitted]:

    “Eat not (O believers) of that (meat) on which Allaah’s 
    Name has not been pronounced (at the time of the slaughtering of the 
    animal), for sure it is Fisq (a sin and disobedience of Allaah). And 
    certainly, the Shayaateen (devils) do inspire their friends (from mankind) 
    to dispute with you, and if you obey them [by making Al‑Maytah (a dead 
    animal) legal by eating it], then you would indeed be Mushrikoon 
    (polytheists)” 

    [al-An‘aam 6:121]. 

    Here Allah clearly states that they would be mushrikoon by 
    obeying them. This is associating others with Allah in terms of obedience 
    and following laws that are contrary to that which Allah has ordained -- 
    which is what is meant by worshipping the Shaytaan in the verse in which 
    Allah says (interpretation of the meaning):

    “Did I not command you, O Children of Adam, that you 
    should not worship Shaytaan (Satan). Verily, he is a plain enemy to you.

    61. And that you should worship Me [Alone  
    Islamic Monotheism, and set up not rivals, associate‑gods with Me]. That is 
    the Straight Path”

    [Ya-Seen 36:60-61]. 

    And Allah tells us that His Prophet Ibraaheem said 
    (interpretation of the meaning):

    “ ‘O my father! Worship not Shaitân (Satan). Verily, 
    Shaitân (Satan) has been a rebel against the Most Gracious (Allaah)’”

    [Maryam 19:44]. 

    And Allah says (interpretation of the meaning):

    “They (all those who worship others than Allaah) invoke 
    nothing but female deities besides Him (Allaah), and they invoke nothing but 
    Shaytaan (Satan), a persistent rebel!”

    [al-Nisa’ 4:117], i.e., they do 
    not worship anything but a devil, i.e., by following his laws. Hence Allah 
    calls those whom they obey in the sins that they made attractive to them 
    “partners”, as in the verse (interpretation of the meaning) “And so to 
    many of the Mushrikoon (polytheists) their (Allaah’s so‑called) ‘partners’ 
    have made fair-seeming the killing of their children, in order to lead them 
    to their own destruction and cause confusion in their religion” [al-An ‘am 
    6:137]. The Prophet (blessings and peace of Allah be upon him) explained 
    this to ‘Adiyy ibn Haatim (may Allah be pleased with him) when he asked him 
    about the verse in which Allah says (interpretation of the meaning): 
    “They (Jews and Christians) took their rabbis and their monks to be their 
    lords besides Allaah” [al-Tawbah 9:31]. He explained that they permitted 
    to them that which Allah has forbidden and they forbade to them that which 
    Allah has permitted, and they [the people] followed them in that; that is 
    how they took them as lords. 

    One of the clearest proofs concerning that is the fact that 
    in Soorat al-Nisa’, Allah, may He be glorified and exalted, mentioned those 
    who want to refer for judgement to something other than the laws prescribed 
    by Him and wonders at their claim to be believers, because their claim to be 
    believers even though they want to refer for judgement to false judges shows 
    that they have reached a level of lying which is astounding. That is what 
    Allah 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”

    [al-Nisa’ 4:60]. 

    From the divinely revealed texts that we have quoted, it 
    becomes very clear to everyone that with regard to those who follow man-made 
    laws promulgated by the Shaytaan on the lips of his supporters which are 
    contrary to that which Allah has prescribed on the lips of His Messengers 
    (blessings and peace of Allah be upon them), there is no doubt that they are 
    kaafirs and mushriks, except for the one whom Allah has blinded to the light 
    of Revelation and left to go astray.  

    And he said: 

    As for the legal system that is contrary to the laws 
    prescribed by the Creator of heaven and earth, ruling according to it 
    constitutes disbelief in the Creator of heaven and earth, such as the claim 
    that giving precedence to the male over the female in inheritance is not 
    fair and it is necessary to make them equal in inheritance, and the claim 
    that plural marriage is unjust, or that divorce is unfair to the woman, and 
    that stoning, cutting off the hand and so on are barbaric acts that should 
    not be done to people, and so on. 

    Making this kind of system rule the lives of people in 
    society and their wealth, honour, lineage, reason and religion, is disbelief 
    in the Creator of heaven and earth and a transgression against the divine 
    system prescribed by the One Who created all things and Who knows best what 
    is in their best interests; may He be glorified and exalted far above having 
    any lawgiver besides Him.

    “Or have they partners with Allaah (false gods) who have 
    instituted for them a religion which Allaah has not ordained?” 
    

    [al-Shoora 42:21]

    “Say (O Muhammadto these 
    polytheists): ‘Tell me, what provision Allaah has sent down to you! And you 
    have made of it lawful and unlawful.’ Say (O Muhammad): ‘Has Allaah 
    permitted you (to do so), or do you invent a lie against Allaah?’”

    [Yoonus 10:59]

    “Say: ‘Verily, those who invent a lie against Allaah will 
    never be successful’”

    [Yoonus 10:69]. 

    End quote from Adwa’ al-Bayaan, commentary on the 
    verse (interpretation of the meaning): “and He makes none to share in His 
    Decision and His Rule” [al-Kahf 18:26]. 

    See also the answer to question no.
    11309 and
    974. 

    Secondly: 

    What is well established and known of the view of Shaykh Ibn 
    ‘Uthaymeen (may Allah have mercy on him) is that he clearly stated that 
    promulgating laws that are contrary to what Allah has revealed constitutes 
    major kufr. He mentioned that in several places in his books, such as 
    Sharh Kitaab al-Tawheed, Sharh al-Usool al-Thalaathah, Sharh 
    al-Siyaasah al-Shara‘iyyah, and his fatwas which have been published in
    al-‘Aqeedah and Liqaa’aat al-Baab al-Maftooh. All his comments 
    on these subjects are consistent and point to the same conclusion, which is 
    that legislating and promulgating laws that are contrary to the sharee‘ah of 
    Allah constitutes major kufr. As for the one who rules according to 
    something other than that which Allah has revealed, he may be a disbeliever 
    or a wrongdoer or an evildoer according to the crime that he has committed. 
    We do not know of any opinion of the Shaykh concerning this matter, in which 
    he suggested that this promulgation of laws is minor kufr. If the Shaykh had 
    any other opinion, it would have widely known, and the Shaykh would have 
    clearly recanted his first opinion, and striven to prevent it being 
    published. Whoever thinks that any of the scholars would recant something 
    that it became clear to him was wrong, then would continue to publicise the 
    mistaken opinion until he died, without denouncing it or instructing that it 
    be erased, has thought badly of him and has impugned his religious 
    commitment and honesty, because it is not permissible to publicise a false 
    opinion or to keep quiet about it, especially if it has to do with an 
    important matter such as this. 

    Among the things that he (may Allah have mercy on him) said 
    concerning this matter is what appears in Sharh al-Usool al-Thalaathah, 
    where he said: Whoever does not rule in accordance with that which Allah has 
    revealed because he thinks little of it or looks down on it or believes that 
    something else is better than it and more beneficial to people or is equal 
    to it, is a kaafir whose kufr puts him beyond the pale of Islam. That 
    includes those who promulgate laws for people that are contrary to Islamic 
    laws, to be a system that the people follow. They only promulgate those laws 
    that are contrary to Islamic laws because they believe that they are better 
    and more beneficial for people, because it is known on the basis of reason 
    and sound human nature that no one turns away from one path to a different 
    path unless he believes that what he has turned to is better and what he has 
    turned away from is lacking. 

    End quote from Majma‘ al-Fatawa wa Rasaa’il al-Shaykh Ibn 
    ‘Uthaymeen, 6/161. 

    And Allah knows best.