The Ruling On Parliaments And On Those Who Enter Them ~ Shaykh Ali Bin Khudayr al Khudayr

Question:

What is the ruling on parliaments, and the ruling on those who enter them? And are there details to this?

Answer:

The ruling on parliaments is that they are not allowed and they are places of Shirk and Kufr, and we see them as Thaghut because they are places of legislation and of making laws and judging by other than what Allah has sent down (the Shariah). And the basis of parliaments and democracy is "judgment of the people for the people" and the people are the ones who legislate through their representatives who are called "parliamentarians". And this goes against singling out Allah alone for judging and legislating and ordering and forbidding.

Allah says:

إن الحكم إلا لله

"The judgment is for none but Allah"

Surat Al An'am 6:57

And it (judgment) is not for the people.

And Allah says:

أفحكم الجاهلية يبغون

"Do they then seek the judgement of (the Days of) Ignorance?"

Surat al Ma'idah 5:50

And Allah says:

ولا يشرك في حكمه أحدا

"He makes none to share in His Decision and His Rule."

Surat Al Kahf 18:26

It is not for the parliament, or for the people, or for anyone.

As for the claim of the one who says that the foundation of democracy and parliaments is established upon Shura (Islamic consultation) then this is either lie and deceit or ignorance and misguidance. It is not established upon the Islamic Shura, rather it is based on legislation, and they consult amongst themselves not on those issues that are permitted, rather they consult in order to legislate laws that contradict the Shariah. And this is the reality of them.

As for the ruling on those who enter them (parliaments), then there are some details to this:

1) If he enters them and legislates man made laws which contradict the Shariah, or agrees to or is pleased with a law that contradicts the Shariah or votes for it, then this person is a Mushrik (Polytheist) Kaafir (Disbeliever), and he is not excused for ignorance or misinterpretation or (for considering it as bringing) benefits.

Allah says:

أم لهم شركاء شرعوا لهم من الدين ما لم يأذن به الله

"Or do they have partners (false gods) with Allah, who have legislated for them a religion which Allah has not allowed?"

Surat Ash Shuraa 42:21

And Allah says:

إن الحكم إلا لله

"The judgment is for none but Allah"

Surat Al An'am 6:57

And Allah says:

ولا يشرك في حكمه أحدا

"He makes none to share in His Decision and His Rule."

Surat Al Kahf 18:26

2) If he enters and swears to respect the Kufr constitution knowing that the constitution contradicts the Shariah, then this is Kufr (disbelief) and Riddah (apostasy), whether he was serious (in his oath) or not, and whether it was done for benefit or not. He has indeed committed this act of Kufr by choice, knowingly and intentionally. And he is like the one who takes an oath to respect Al Laat and Al Uzza, or takes an oath to respect the laws of the Quraish during the time of the Messenger, sallallahu alayhi wa sallam.

3) He does not take an oath to respect the constitution, and does not legislate or participate in legislation which contradicts the Shariah, but he rejects that and votes against it – this person is mistaken and misguided and he goes against the guidance of the Messenger sallallahu alayhi wa sallam in bringing change and reform and in establishing the Islamic State, but he is not a Kaafir even though he has taken a path of misguidance and Shirk as a path for Dawah and bringing change and reform.

Allah says:

فماذا بعد الحق إلا الضلال

"And what is after truth, except falsehood"

Surat Yunus 10:32

And we have discussed this issue in our book "Al Jam'u wa Thajreed Fee Sharh Kitaab At Tawheed" in the chapter "The call to Tawheed", and it is the issue of the ruling on entering the parliaments"

Shaykh Ali Bin Khudayr al Khudayr

©  EsinIslam.Com

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