Is ruling by other than Sharia major disbelief or minor disbelief?
Allah has commanded judgment according to His law and has forbidden judgment by other than His law. Surah Al-Ma'idah elucidates the gravity of this. Judgment by other than what Allah has revealed constitutes major disbelief (kufr akbar) that expels one from the fold of Islam in certain situations, including: if one legislates other than what Allah has revealed, or denies the rightful authority of His rule, or prefers the rule of Taghut (tyrannical rule), or equates Allah's rule with Taghut's rule, or permits judgment by what contradicts the Sharia, or believes it is not obligatory, or refrains from judging by it. Manifestations of this disbelief include: marginalizing the Sharia, abolishing Sharia courts, imposing man-made laws, or diminishing the role of thearia, or establishing non-Sharia courts, or subjecting the Sharia to referendums, or making it a secondary source, or stipulating recourse to man-made laws, or disparaging the Sharia. As for minor disbelief (kufr asghar), it occurs when a judge rules by other than what Allah has revealed in a specific case, while believing in the obligation of ruling by Sharia and that his action is sinful. One who seeks judgment from pre-Islamic ignorance laws commits major disbelief if done willingly, but not if compelled, or if seeking a legitimate right that cannot be obtained otherwise.
Summarized from the full answer at Ftawy · reviewed Sep 2, 2026
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