What is the ruling on one who resorts to man-made law – knowing full well the obligation to resort to Sharia and that it is superior – not out of desire for it, but to avoid the imposition of a Hadd penalty on him? And is this considered disbelief?
Whoever chooses to arbitrate with man-made law, not out of desire for it, nor preference for it, nor deeming it permissible, but rather due to his whims, such a person is not deemed to have exited the fold of Islam, because he acknowledges the fundamental principle and admits his sin.
Sheikh Ibn Baz said: "Whoever believes in the obligation of arbitrating by Allah's law and the impermissibility of arbitrating by laws that contravene it, yet he judges by other than what Allah has revealed due to personal whims, or bribery, or political reasons, and he knows that he is unjust, mistaken, and in violation of the Sharia, then this person has incomplete faith. His disbelief is a minor disbelief (kufr asghar), his injustice is a minor injustice (dhulm asghar), and his transgression is a minor transgression (fisq asghar). As for whoever believes that judging by other than Allah's law is better or permissible, he is a disbeliever."
Sheikh Ibn Uthaymeen said: "Whoever does not judge by what Allah has revealed, without belittling it or believing that something else is better, but rather judges by other than it due to dominance or vengeance, then this person is unjust and not a disbeliever. And whoever judges by other than it due to favoritism or bribery, then this person is a transgressor (fasiq) and not a disbeliever."
Summarized from the full answer at Ftawy · reviewed Sep 2, 2026
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