Postby axmadgurey » Thu Feb 19, 2009 12:23 pm
As far as it being major or minor Kufur. The scholars have said that one case when this minor kufur occurs is when the law is actually Shariah and then the ruler judges according to something else because of his desires for example.
But the issue at hand is much larger than that...the Shariah is not the sole source for the judgments. There are many points that go against the Shariah.
Check out the view of Ibn Kathir in his Tafsir.
Ibn Kathir in Tafsir of 5:50 says the following:
[أَفَحُكْمَ الْجَـهِلِيَّةِ يَبْغُونَ وَمَنْ أَحْسَنُ مِنَ اللَّهِ حُكْماً لِّقَوْمٍ يُوقِنُونَ ]
(Do they then seek the judgement of (the days of) ignorance And who is better in judgement than Allah for a people who have firm faith) Allah criticizes those who ignore Allah's commandments, which include every type of righteous good thing and prohibit every type of evil, but they refer instead to opinions, desires and customs that people themselves invented, all of which have no basis in Allah's religion. During the time of Jahiliyyah, the people used to abide by the misguidance and ignorance that they invented by sheer opinion and lusts. The Tatar (Mongols) abided by the law that they inherited from their king Genghis Khan who wrote Al-Yasiq, for them. This book contains some rulings that were derived from various religions, such as Judaism, Christianity and Islam. Many of these rulings were derived from his own opinion and desires. Later on, these rulings became the followed law among his children, preferring them to the Law of the Book of Allah and the Sunnah of His Messenger . Therefore, whoever does this, he is a disbeliever who deserves to be fought against, until he reverts to Allah's and His Messenger's decisions, so that no law, minor or major, is referred to except by His Law.
[color=#FFFFFF]Thought that information might be helpful to get the other viewpoint also.[/color]