To protect the youth from the misguidance of the ignorant, the rigidity of extremists, the deception of liars, and the misinterpretations of the uninformed, it is imperative to clearly articulate certain issues. Among these, the most crucial matter pertains to the verses concerning state governance according to the laws revealed by Allah. Determining the correct interpretation of these verses is the primary objective of this article.
In this essay, I have discussed 'Hakimiyyah' (the sovereignty of Allah) in four steps:
One. The literal and terminological meaning of the word 'Hakimiyyah'.
Two. The meaning of the word 'Hukm' (governance/judgment) in relation to Allah the Almighty.
Three. The ruling regarding the application of the word 'Hukm' to human beings.
Four. The misinterpretation of the word 'Hakimiyyah' and its refutation.
Allah is the Granter of ability and the Helper.
The lexical and terminological meaning of the word 'Hakimiyyah'
Lexical meaning
The word 'Hakimiyyah' is derived from 'Hukm' (حُكْمٌ), whose root letters are (ح-ك-م). Its primary meaning is 'to prevent' or 'to forbid'. Ibn Faris states: "ح, ك, م — these three letters convey a foundational meaning, which is to forbid or to prevent. 'Hukm' means to restrain from oppression (zulm). The bridle placed in an animal's mouth is called 'Hukm' because it controls the animal. The Arabs say: حكمتُ الدابةَ وأحكمتُها — meaning, 'I controlled the animal and completely restrained it.' Similarly, when someone is physically prevented from committing a misdeed, it is said: حكمتُ السفيهَ وأحكمتُهُ — meaning, 'I controlled the foolish person and completely restrained him.'"
Another meaning of the word 'Hukum' is 'Ilm' (knowledge) and 'Hikmah' (wisdom). Allah Ta'ala says: “وَآتَيْنَاهُ الْحُكْمَ صَبِيًّا — I granted him wisdom in his childhood.” (Surah Maryam, Verse 12)
It is also said: 'حكم له' — meaning, he ruled in his favor, and 'حكم عليه' — meaning, he ruled against him. Here, 'Hukm' means judgment, verdict, or the rendering of a decision.
Additionally, the word 'Hukum' also carries a meaning of technical maturity or perfection. For example, it is said: 'أحكمتُ الشيءَ' — I formed the thing perfectly; and 'استحكم' means — it became completely and firmly established.
- Ibn Faris, *Maqayis al-Lughah*, 2/91.
Went.
Terminological meaning
In the terminology of Islamic Sharia, 'Hakimiyyah' means—Allah Ta'ala is the sole source of all laws and rulings. This meaning is clearly mentioned in many verses of the Quran. For example:
إِنِ الْحُكْمُ إِلَّا لِلَّهِ، يَقُصُّ الْحَقَّ وَهُوَ خَيْرُ الْفَاصِلِينَ
Meaning: The command belongs only to Allah. He declares the truth, and He is the best of deciders. (Surah Al-An'am, Verse 57)
The scholars of Usul agree on this matter that the 'Hakim', or the ultimate lawgiver, is Allah alone; He has no partner.
Allama Amidi (Rah.) states:
اعْلَمْ أَنَّهُ لَا حَاكِمَ سِوَى اللَّهَ تعالى، وَلَا حُكْمَ إِلَّا مَا حَكَمَ بِهِ
Meaning: Know that—there is no Hakim except Allah Ta'ala, and the Hukum is only that—which He has legislated.
Imam Ghazali (Rah.) states:
أَمَّا اسْتِحْقَاقُ نُفُوذِ الْحُكْمِ فَلَيْسَ إِلَّا لِمَنْ لَهُ الْخَلْقُ وَالْأَمْرُ، فَإِنَّمَا النَّافِذُ حُكْمُ الْمَالِكِ عَلَى مَمْلُوكِهِ لَا مَالِكَ إِلَّا الْخَالِقُ فَلَا حُكْمَ وَلَا أَمْرَ إِلَّا لَهُ
Meaning: Regarding the question of whose command will take effect—the fundamental truth is, the command of only Him takes effect, who creates and possesses absolute ownership. The owner is solely the Creator, therefore, the command and order belong exclusively to Him.
The meaning of the word 'Hukm' in relation to Allah the Almighty
In the Quran, the word 'Hakim' has been used for Allah Ta'ala in three meanings:
1. 'Al-Hukm at-Tashri'i' (Legislative Command) or Sharia ruling: Allah the Almighty says—
مَا تَعْبُدُونَ مِن دُونِهِ إِلَّا أَسْمَاءُ سَمَّيْتُمُوهَا أَنتُمْ وَءَابَاؤُكُم مَّا أَنزَلَ اللَّهُ بِهَا مِن سُلْطَانٍ إِنِ الْحُكْمُ إِلَّا لِلَّهِ أَمَرَ أَلَّا تَعْبُدُوا إِلَّا إِيَّاهُ ذَلِكَ الدِّينُ الْقَيِّمُ وَلَكِنَّ أَكْثَرَ النَّاسِ لَا يَعْلَمُونَ
- Ibn Manzur, Lisan al-Arab, 12/140-142
- Al-Amidi, Al-Ihkam fi Usul al-Ahkam, 1/79
- Al-Ghazali, Al-Mustasfa, p. 66
Meaning: Those you worship besides Allah are nothing but mere names—which you and your forefathers have given. Allah has not sent down any proof for it. The command belongs to Allah alone, He has commanded that you worship none but Him. This is the correct religion. But most people do not know. (Surah Yusuf, Verse 40)
The 'Hukm' mentioned in this verse is the Sharia command—which is directly related to *Aqidah* (creed) and *Tawhid* (monotheism). Through the statement, 'Inil hukmu illa lillah' (The command belongs to none but Allah), Allah the Almighty has nullified all false deities and the systems of law established upon them.
That is, the exclusive right to determine the lawfulness and unlawfulness of all these—beliefs, worship, and social relations—belongs solely to Allah Ta'ala. Because He is the Master of all creation, and the knowledge of everything rests with Him alone.
Allah the Almighty further says:
يَا أَيُّهَا الَّذِينَ آمَنُوا أَوْفُوا بِالْعُقُودِ ۚ أُحِلَّتْ لَكُم بَهِيمَةُ الْأَنْعَامِ إِلَّا مَا يُتْلَىٰ عَلَيْكُمْ غَيْرَ مُحِلِّي الصَّيْدِ وَأَنتُمْ حُرُمٌ ۗ إِنَّ اللَّهَ يَحْكُمُ مَا يُرِيدُ
Meaning: O believers, fulfill your obligations. Grazing livestock has been made lawful for you, except that which is being described to you, but do not consider hunting lawful while in the state of ihram. Indeed, Allah commands whatever He wills. (Surah Ma'idah, Verse 1)
Here, the meaning of the statement 'Allah ordains whatever He wills' is that Allah the Almighty makes anything in His creation lawful or unlawful in light of His wisdom, knowledge, and divine decree. He makes lawful whatever He wishes to make lawful, and He makes unlawful whatever He wishes to make unlawful—without any restriction. Therefore, fulfill the covenant made with Him, do not violate His commands, and do not attempt to transgress the boundaries of His Sharia.
This Sharia command of Allah is a responsibility upon mankind. Whoever follows His law and obeys the command—becomes successful and happy. And whoever rejects it and turns away—suffers loss in both this world and the Hereafter.
Allah the Almighty says:
فَإِمَّا يَأْتِيَنَّكُم مِّنِّي هُدًى فَمَنِ اتَّبَعَ هُدَايَ فَلَا يَضِلُّ وَلَا يَشْقَىٰ () وَمَنْ أَعْرَضَ عَن ذِكْرِي فَإِنَّ لَهُ مَعِيشَةً ضَنكًا وَنَحْشُرُهُ يَوْمَ الْقِيَامَةِ أَعْمَىٰ
Meaning: Then if guidance comes to you from Me, whoever follows My guidance will not go astray, nor will they suffer. And whoever My remembrance
- Muhammad Sayyid Tantawi, At-Tafsir al-Wasit, 7/363
- Al-Maraghi, Tafsir al-Maraghi, 6/44
turns away from, indeed his life will be constricted, and We will raise him blind on the Day of Resurrection. (Surah Ta-Ha, Verses 123-124)
2. 'Al-Hukm al-Qadari al-Kawni' (The Existential and Universal Decree) or the command of authority over the creation
This is the command by which Allah Ta'ala establishes the rules and 'Sunnatullah' (the laws of Allah) in His created world. This law operates by the will of Allah, and it is implemented whenever He wills. No human being can change even an iota of it or free themselves from it.
Allah the Almighty says:
أَوَلَمْ يَرَوْا أَنَّا نَأْتِي الْأَرْضَ نَنقُصُهَا مِنْ أَطْرَافِهَا ۚ وَاللَّهُ يَحْكُمُ لَا مُعَقِّبَ لِحُكْمِهِ ۚ وَهُوَ سَرِيعُ الْحِسَابِ
Meaning: Do they not see that We are reducing the land from its borders? And Allah commands; there is none to repel His command, and He is swift in account. (Surah Ar-Ra'd, Verse 41) He further says:
He further says:
قُلِ اللّٰهُ اَعۡلَمُ بِمَا لَبِثُوۡا ۚ لَهٗ غَیۡبُ السَّمٰوٰتِ وَ الۡاَرۡضِ ؕ اَبۡصِرۡ بِهٖ وَ اَسۡمِعۡ ؕ مَا لَهُمۡ مِّنۡ دُوۡنِهٖ مِنۡ وَّلِیٍّ ۫ وَّ لَا یُشۡرِكُ فِیۡ حُكۡمِهٖۤ اَحَدًا
Meaning: Say, Allah knows best how long they remained, the unseen of the heavens and the earth belongs to Him. How perfectly He sees and hears! They have no guardian besides Him. He does not share His command (authority) with anyone. (Surah Al-Kahf, Verse 26)
Here, the statement 'He shares His command with none' makes it clear that no human, angel, or Prophet has any share in this authority of Allah the Almighty over the creation. Matters such as life and death, illness and health, rain, and drought occur solely in accordance with Allah's ordained universal decree (*Kawni Hukm*). Human beings cannot alter this, even if they wish to do so.
3. 'Al-Hukm al-Ukhrawi' or the command of the Hereafter
The command of the Hereafter means that when humanity is brought before the court of Allah on the Day of Resurrection, Allah the Almighty will determine the consequences of their deeds. Whoever has performed righteous deeds will receive recompense and reward; and whoever has committed oppression and disobedience will suffer punishment.
Allah the Almighty says:
ثُمَّ رُدُّوۡۤا اِلَی اللّٰهِ مَوۡلٰىهُمُ الۡحَقِّ ؕ اَلَا لَهُ الۡحُكۡمُ ۟ وَ هُوَ اَسۡرَعُ الۡحٰسِبِیۡنَ
Meaning: Then they will be returned to Allah, their true Lord. Unquestionably, the command belongs to Him, and He is the swiftest of accountants. (Surah Al-An'am, Verse 62)
He further says:
قُلِ اللّٰهُمَّ فَاطِرَ السَّمٰوٰتِ وَ الۡاَرۡضِ عٰلِمَ الۡغَیۡبِ وَ الشَّهَادَۃِ اَنۡتَ تَحۡكُمُ بَیۡنَ عِبَادِكَ فِیۡ مَا كَانُوۡا فِیۡهِ یَخۡتَلِفُوۡنَ
Meaning: Say, "O Allah, Creator of the heavens and the earth, Knower of the unseen and the witnessed, You will judge (issue the Hukm) between Your servants concerning that over which they used to differ." (Surah Az-Zumar, Verse 46)
That is, Allah alone is the Supreme Judge who knows all that is hidden and apparent, and He will judge all disputes among His servants. On the Day of Resurrection, this judgment will be final and inevitable; no one's intercession, deception, or influence will work there.
The ruling on applying the word 'Hukum' to humans
From the discussion so far, it has become clear that the true lawgiver (Hakim) is Allah alone, and the word 'Hakimiyyah' has also been exclusively reserved for Allah, as it is stated:
إِنِ الْحُكْمُ إِلَّا لِلَّهِ
Meaning: The command belongs to Allah alone. (Surah Yusuf, Verse 40)
Now the question is—is the application of the words 'Hukumdata' (lawgiver) or 'Hakimiyyah' valid for humans as well?
The answer is—yes, it is valid. There are instances in many verses of the Quran of applying the words 'Hukumdata' or 'Hakimiyyah' for humans as well. For example, Allah Ta'ala says:
یٰدَاوٗدُ اِنَّا جَعَلۡنٰكَ خَلِیۡفَۃً فِی الۡاَرۡضِ فَاحۡكُمۡ بَیۡنَ النَّاسِ بِالۡحَقِّ وَ لَا تَتَّبِعِ الۡهَوٰی فَیُضِلَّكَ عَنۡ سَبِیۡلِ اللّٰهِ ؕ اِنَّ الَّذِیۡنَ یَضِلُّوۡنَ عَنۡ سَبِیۡلِ اللّٰهِ لَهُمۡ عَذَابٌ شَدِیۡدٌۢ بِمَا نَسُوۡا یَوۡمَ الۡحِسَابِ
Meaning: O Dawud, We have made you a vicegerent on the earth, therefore judge [Hukum] between the people with justice and do not follow personal desires, for it will lead you astray from the path of Allah. Indeed, those who go astray from the path of Allah will have a severe punishment, because they forgot the Day of Judgment. (Surah Sad, Verse 26)
He further says:
وَ دَاوٗدَ وَ سُلَیۡمٰنَ اِذۡ یَحۡكُمٰنِ فِی الۡحَرۡثِ اِذۡ نَفَشَتۡ فِیۡهِ غَنَمُ الۡقَوۡمِ ۚ وَ كُنَّا لِحُكۡمِهِمۡ شٰهِدِیۡنَ
فَفَهَّمۡنٰهَا سُلَیۡمٰنَ ۚ وَ كُلًّا اٰتَیۡنَا حُكۡمًا وَّ عِلۡمًا ۫ وَّ سَخَّرۡنَا مَعَ دَاوٗدَ الۡجِبَالَ یُسَبِّحۡنَ وَ الطَّیۡرَ ؕ وَ كُنَّا فٰعِلِیۡنَ
Meaning: And [remember] Dawud and Sulayman, when they judged [issued a Hukm] concerning the crop field, when the sheep of a certain people pastured in it at night; and We were witnesses to their judgment [Hukm].
Meaning: And We made Sulayman understand it, and to each of them We gave judgment [Hukm] and knowledge. And We subjected the mountains and the birds to Dawud, declaring Our glory and purity along with him. And We were the Doers of all this. (Surah Al-Anbiya, Verses 78–79)
Allah Ta'ala says, addressing His Prophet:
اِنَّاۤ اَنۡزَلۡنَاۤ اِلَیۡكَ الۡكِتٰبَ بِالۡحَقِّ لِتَحۡكُمَ بَیۡنَ النَّاسِ بِمَاۤ اَرٰىكَ اللّٰهُ ؕ وَ لَا تَكُنۡ لِّلۡخَآئِنِیۡنَ خَصِیۡمًا
Meaning: Indeed, We have sent down the Book to you with the truth, so that you may judge [issue a Hukm] between people according to what Allah has shown you. And do not be an advocate for the deceitful. (Surah An-Nisa, Verse 105)
A question may arise: in the verses of the Quran that you have presented, the authority of command or judgment has been entrusted solely to the prophets and messengers of Allah. Revelation would descend upon them; if they made any mistake, Allah Ta'ala would directly correct them. On the other hand, the matter of ordinary people is different, they are not above mistakes; is there any instance of applying the word 'Hukum' in their case?
The answer is: Yes, there certainly are. In many verses of the glorious Quran, the responsibility of *Hukm* (judgment) and decision-making has been entrusted to ordinary people in addition to the Prophets and Messengers. For example, regarding the judgment for someone who hunts while in the state of ihram, Allah says:
یٰۤاَیُّهَا الَّذِیۡنَ اٰمَنُوۡا لَا تَقۡتُلُوا الصَّیۡدَ وَ اَنۡتُمۡ حُرُمٌ ؕ وَ مَنۡ قَتَلَهٗ مِنۡكُمۡ مُّتَعَمِّدًا فَجَزَآءٌ مِّثۡلُ مَا قَتَلَ مِنَ النَّعَمِ یَحۡكُمُ بِهٖ ذَوَا عَدۡلٍ مِّنۡكُمۡ هَدۡیًۢا بٰلِغَ الۡكَعۡبَۃِ اَوۡ كَفَّارَۃٌ طَعَامُ مَسٰكِیۡنَ اَوۡ عَدۡلُ ذٰلِكَ صِیَامًا لِّیَذُوۡقَ وَبَالَ اَمۡرِهٖ ؕ عَفَا اللّٰهُ عَمَّا سَلَفَ ؕ وَ مَنۡ عَادَ فَیَنۡتَقِمُ اللّٰهُ مِنۡهُ ؕ وَ اللّٰهُ عَزِیۡزٌ ذُو انۡتِقَامٍ
Meaning: O you who have believed, do not kill game while you are in the state of ihram. And whoever of you kills it intentionally, the penalty is an equivalent from grazing livestock to what he killed, concerning which two just men among you will judge [issue a Hukm], as an offering delivered to the Ka'bah, or an expiation of feeding needy people, or the equivalent of that in fasting, that he may taste the consequence of his deed. Allah has pardoned what is past; but whoever returns [to violation], Allah will take retribution from him. And Allah is Exalted in Might and Owner of Retribution. (Surah Al-Ma'idah, Verse 95)
Similarly, in resolving a dispute between a husband and wife, Allah Ta'ala says:
وَ اِنۡ خِفۡتُمۡ شِقَاقَ بَیۡنِهِمَا فَابۡعَثُوۡا حَكَمًا مِّنۡ اَهۡلِهٖ وَ حَكَمًا مِّنۡ اَهۡلِهَا ۚ اِنۡ یُّرِیۡدَاۤ اِصۡلَاحًا یُّوَفِّقِ اللّٰهُ بَیۡنَهُمَا ؕ اِنَّ اللّٰهَ كَانَ عَلِیۡمًا خَبِیۡرًا
Meaning: And if you fear dissension between the two, then appoint an arbitrator [Hakam] from his family and an arbitrator [Hakam] from her family; if they desire reconciliation, Allah will bring about harmony between them. Indeed, Allah is All-Knowing, All-Aware. (Surah An-Nisa, Verse 35)
In Arabic, the plural of the word 'lawgiver' is 'Hukkam'. In the Quran, this word has been used for ordinary judges as well. It is stated:
وَ لَا تَاۡكُلُوۡۤا اَمۡوَالَكُمۡ بَیۡنَكُمۡ بِالۡبَاطِلِ وَ تُدۡلُوۡا بِهَاۤ اِلَی الۡحُكَّامِ لِتَاۡكُلُوۡا فَرِیۡقًا مِّنۡ اَمۡوَالِ النَّاسِ بِالۡاِثۡمِ وَ اَنۡتُمۡ تَعۡلَمُوۡنَ
Meaning: And do not consume one another's wealth unjustly, nor offer it [as a bribe] to the judges [Hukkam] in order to consume a portion of people's wealth sinfully, while you know [it is unlawful]. (Surah Al-Baqarah, Verse 188)
Furthermore, in the Quran, Allah has referred to Himself as 'one of many lawgivers', though certainly there is no lawgiver above Him, and He is the supreme. However, referring to Himself as 'one of many' proves that the attribute of being a 'lawgiver' is not exclusively singular like Allah's Uluhiyyah (divinity/being the Ilah). Addressing the Messenger (PBUH), Allah Ta'ala says:
وَ اتَّبِعۡ مَا یُوۡحٰۤی اِلَیۡكَ وَ اصۡبِرۡ حَتّٰی یَحۡكُمَ اللّٰهُ وَ هُوَ خَیۡرُ الۡحٰكِمِیۡنَ
Meaning: And follow what is revealed to you, and be patient until Allah judges [issues His Hukm], and He is the best of judges [Hakimin]. (Surah Yunus, Verse 109)
Hazrat Nuh (AS) prayed, and in that prayer, he addressed Allah as the 'Best of Judges':
وَ اِنَّ وَعۡدَكَ الۡحَقُّ وَ اَنۡتَ اَحۡكَمُ الۡحٰكِمِیۡنَ
Meaning: Indeed, Your promise is true, and You are the most just of judges [Hakimin]. (Surah Hud, Verse 45)
These verses prove and clearly indicate that just as it is valid to use the word 'Hakim' for Allah, there is no problem in using it for human beings as well. However, the meaning differs in these two contexts, and there is no contradiction in this. This is just like many words that are used with multiple meanings without causing any issue.
Simply put—the term 'Hakimiyyah' is a concept related to 'Hakim'. It sometimes refers to Allah, and sometimes to human beings. When a human acts as a 'Hakim', he is sometimes called an Imam, sometimes a Caliph, sometimes an Amir, sometimes a King, and sometimes a Head of State. Although the titles differ, the core concept remains the same—leading people according to the laws given by Allah and managing worldly politics in the light of the religion.
**Misinterpretation of the Word 'Hakimiyyah' and Its Refutation**
**The Origin of the Misinterpretation**
The term 'Hakimiyyah' was not known in Islamic history before the fourteenth Hijri century. This term was first used by Sayyid Abul A'la Maududi (1903-1979). Later, it was propagated by Sayyid Qutb (1906-1966). Since then, this term became widely popular among Jamaat-e-Islami and other Islamic political parties of a similar ideology. Through this, they intend to convey that *Hukm* (command), Sharia, and authority are exclusively reserved for Allah; all laws, regulations, and systems of governance must be derived solely from Allah. According to them, 'Hakimiyyah' belongs exclusively to Allah; it is never lawful for human beings, regardless of who they may be. As Sayyid Abul A'la Maududi says:
This term—namely, Hakimiyyah—is used to denote supreme authority and absolute power (Sovereign Power), as is commonly understood in modern political science today.
Then he said:
Laws are enacted by the will of the Possessor of the *Hukm*, and it becomes obligatory for human beings to obey them. However, the Entity who possesses *Hakimiyyah* is not subject to any higher law, nor is obedience to anyone else obligatory upon Him. He inherently possesses absolute power in His very essence, and whatever decision He makes, it is not permissible to question Him about it.
Finally, he states his ultimate opinion:
إنَّه لا يجوز لأحد غير الله أن ينفذ حكمه في عباد الله، إنه ليس هذا الحق إلا الله وحده
It is not lawful for anyone other than Allah to enforce their commands upon Allah's servants. This right belongs exclusively to Allah.
- Sayyid Abul A'la Maududi, Tadwin ad-Dustur al-Islami, p. 18
- Ibid., p. 19
- Ibid., p. 21
Image: Sayyid Abul A'la Maududi and Sayyid Qutb
Sayyid Qutb also adopted the same position as Maulana Maududi. He says:
"The *Hukm* (command/judgment) belongs exclusively to Allah; it is His sole prerogative. This is because *Hakimiyyah* is one of the core attributes of His *Uluhiyyah* (Divinity). Whoever claims this right is, in reality, claiming to share with Allah the greatest characteristic of His Divinity. It does not matter who makes this claim—whether it is an individual, a class, a party, an organization, a nation, or even the entirety of mankind, even if they were to establish it in the form of a global system—the same principle applies. And whoever opposes this paramount attribute of Allah and claims it as their own right commits manifest *Kufr* (disbelief). Their disbelief will be so blatant that it will be deemed equivalent to denying the 'fundamentally established matters of the religion', even on the basis of this single Quranic directive alone."
He further said:
"To claim this right, one does not always have to declare it openly like Pharaoh: 'I have not known you to have any deity other than me' (28:38), or 'I am your most exalted lord' (79:24). Pharaoh made this claim explicitly. However, if anyone removes Allah's law from *Hakimiyyah* and enacts laws from any other source—then they are usurping Allah's right and contesting with Allah over this prerogative."
Going a little further, Sayyid Qutb says:
"The moment it is decided that the possessor of *Hakimiyyah*—that is, the source of law and authority—will be anyone other than Allah the Almighty, *Shirk* is committed. Whether that decision is made by an entire nation, or by the entirety of mankind—it still amounts to entrusting *Hakimiyyah* to someone other than Allah."
Based on the above discussion, it becomes clear that for them (the followers of Maulana Maududi and Sayyid Qutb), 'Hakimiyyah' is a core component of the fundamentals of religion (*Usul al-Din*) and creed (*Aqidah*). Therefore, failing to implement *Hakimiyyah* or rejecting it is, in their view, manifest *Kufr* (disbelief). As evidence for this, they present the following statement of Allah:
وَمَن لَّمْ يَحْكُم بِمَا أَنزَلَ اللَّهُ فَأُو۟لَـٰٓئِكَ هُمُ ٱلْكَـٰفِرُونَ
Meaning: And those who do not judge by what Allah has revealed—they are the disbelievers. (Surah Al-Ma'idah, Verse 44)
In the commentary of this verse, Sayyid Qutb says:
"The statement of this verse is extremely firm, conclusive, and severe. The conditional word *'man'* (whoever) used in it carries a comprehensive meaning—that is, it is not restricted to any specific person, time, or circumstance; rather, it applies as a general rule for all times. Therefore, whoever does not judge by what Allah has revealed, regardless of which nation or era they belong to—the same ruling applies to all of them. The fundamental reason for this is that whoever does not conduct governance (*Hukm*) according to the laws revealed by Allah essentially rejects Allah's *Uluhiyyah* (Divinity)."
"Therefore, one of the foremost attributes and essential demands of *Uluhiyyah* (Divinity) is *Tashri'i Hakimiyyah*—that is, the power to enact laws."
Therefore, whoever governs by laws other than what Allah has revealed is, on the one hand, rejecting the divinity of Allah and His attributes, and on the other hand, claiming the rights and attributes of that divinity for himself. If this is not disbelief (Kufr), then what else does Kufr mean?
And what value does the claim of verbally professing faith and Islam hold, if practical actions (which are much clearer than words) manifest disbelief more clearly than the tongue?
At this stage, it becomes clear that for them (the followers of Maulana Maududi and Sayyid Qutb), *Hakimiyyah* (the sovereignty of Allah) means rejecting human rule (*Hukm*); rather, it means launching a revolution to overthrow it. And therefore...
- Sayyid Qutb, Fi Zilal al-Quran, 4/1990
- Ibid., 2/898
They have established the political theory of Islam on the foundation that all authority and the power of legislation will be taken away from the hands of human beings; and no human will be given the right to issue commands over another human being, while the other person obeys him.
Review and Refutation
Although it may appear correct at first glance, the very foundation of Maulana Maududi and Sayyid Qutb's thought rests fundamentally on a misinterpretation. Here, we will review and demonstrate exactly where the error lies and why their interpretation is incorrect:
1. Denying the multidimensional use of the word 'Hakim': Just as the use of the word 'Hakim' (ruler or lawgiver) is correct for Allah, there is no objection to applying this word to human beings as well. This is because, lexically, it is a *Mushtarak Lafzi* (a word with multiple meanings)—that is, a word that can be used to mean different things in different contexts. Therefore, when it is said regarding Allah that He is 'Hakim', it means absolute and ultimate sovereignty; whereas the use of this word for human beings merely means a ruler entrusted with limited responsibilities—as mentioned in the previous discussion that governance is sometimes attributed to Allah (in the original and universal sense), and sometimes attributed to human beings (in the sense of delegated responsibility and limited scope).
The point we must emphasize here is that the human *Hakim* (ruler) is by no means *Masum* (infallible) or free from error; he is an ordinary human being who assumes power through the decision of the *Ahl al-Hall wal-Aqd* (the decision-makers, scholars, and leaders of society) and the opinion or *Bay'ah* (pledge of allegiance) of the general public. In contemporary terminology, this can be referred to as direct voting or a referendum.
However, the legitimacy of governance will only be established when it is based on certain fundamental conditions. Those conditions are—
- 'Adl or Justice: The system of governance must be such that the rights of the citizens are ensured equally, and there must be no favoritism or discrimination toward anyone.
- Shura or Consultation: State decisions cannot be made unilaterally without the consultation and participation of the people.
- Ijtihad: The ruler must formulate new laws and regulations according to the needs of the time and society; however, these laws must strictly remain within the framework of the universal principles of the Sharia, ensuring that even subsidiary matters are consistent with the principles based on the Quran and Sunnah.
Based on these principles, when the ruler administers justice and governs among his citizens, it becomes governance established upon truth and justice. And this entire process does not create any conflict with the absolute sovereignty (Hakimiyyah) of Allah. Rather, it makes it clear that—the governance entrusted to human hands is a limited reflection of Allah's absolute rule; this does not cause any harm to Allah's sovereign power.
Consequently, the claim of those who assert that entrusting ruling authority to human beings amounts to rejecting Allah's *Hakimiyyah* is proven to be baseless and illogical.
2. Closing the door of Ijtihad: The most dangerous aspect of this doctrine is—pitting humans against Allah, and continuously comparing human-made systems with the God-given Shari'ah. Yet, it is absolutely clear that—if we accept such a concept, its direct consequence will be the complete closure of the door of Ijtihad for the 'Ilmur Rasikhin' or the scholars of deep knowledge and wisdom. In other words, the door that Islam has kept open for finding solutions to new practical situations from within the fundamental principles of the Quran and Sunnah, will be locked forever.
However, numerous proofs from the Sharia call for *Ijtihad* (independent reasoning), reflection, and deep understanding. We see this in the Hadith itself—when the Messenger of Allah (PBUH) sent Hazrat Mu'adh ibn Jabal (RA) to Yemen as a judge and ruler, he asked him:
'When a matter for judgment comes to you, how will you decide?'
Mu'adh (RA) replied: "By the Book of Allah."
The Messenger (PBUH) asked: "If you do not find it in the Book of Allah?"
Mu'adh (RA) said: "Then by the Sunnah of the Messenger."
The Messenger (PBUH) asked: "And if you do not find it in the Sunnah of the Messenger, nor in the Book?"
Mu'adh (RA) replied: "Then I will exert my own opinion and Ijtihad, and I will spare no effort to reach the correct decision."
Upon hearing this, the Messenger (PBUH) placed his hand on his chest and happily said: 'All praise is due to Allah, who has guided the envoy of the Messenger of Allah to a decision that pleases the Messenger of Allah.'
From this, it becomes clear that the Messenger of Allah (PBUH) himself sent a Companion to Yemen as a judge and ruler who possessed the capability to exercise *Ijtihad* in those cases where there is no direct guidance in the Quran and Sunnah. Not only did the Messenger (PBUH) approve of this, but he also prayed for him, expressed his satisfaction with this approach, and praised him.
Therefore, those who say—human Ijtihad and legislation are contrary to Allah's Hakimiyyah, their claim is baseless. Rather, practical evidence points in the opposite direction. If their statement is accepted, then its consequence will be—depriving the human mind from exercising its power of thought, and the intellectual...
- Sunan Abu Dawud, Hadith 3592
responsibility that Islam has entrusted to human hands, rendering it completely ineffective.
3. **Weaponizing Religion for Politics:** The primary objective of presenting the concept of *Hakimiyyah* in this manner is essentially to exploit religion to ascend to power. As a result, ordinary political disagreements and power struggles are transformed into a form of religious conflict.
The consequence of giving conflict a religious form in this way is disastrous—because it distorts the consciousness of the masses, keeping them misled and desensitized; so that they think sitting in power means establishing religion. In reality, this is nothing but a strategy to reach the throne of power by weaponizing the beliefs of the people.
4. **Eliminating the Ruler's Accountability:** They assert that 'entrusting power to human beings is *Kufr*.' Yet, this statement directly contradicts the fundamental principles of Islam. Islamic principles dictate that the responsibility of overseeing the Muslim ruler lies with the society; moreover, the right to appoint and depose him rests in the hands of the people. The clearest evidence of this is the inaugural speech of the Caliph of the Muslims, Hazrat Abu Bakr al-Siddiq (RA). Upon assuming the Caliphate, he declared:
إني قد وليت عليكم، ولست بخيركم، فإن أحسنت فأعينوني، وإن أسأت فقوموني
Meaning: I have been appointed as your ruler, yet I am not the best among you. If I do the right thing, then cooperate with me, and if I make a mistake, then correct me.
"This statement makes it clear that in the Islamic Caliphate, power is not the absolute authority of the ruler; rather, it is a trust (*Amanah*) placed by the people. If the ruler errs, it is the responsibility of the public to correct him, not to remain silent spectators and accept injustice."
5. Leaving No Scope for Enacting New Laws: In the administration of a state, there are numerous issues for which no direct guidance is found in the Quran or Sunnah. The question then arises—what should the ruler do regarding these matters?
This is where Islamic jurisprudence shows a clear path. The sources for establishing Shari'ah rulings are not limited only to the Quran and Sunnah; rather, after this comes—
- Ijma (Consensus):
- Qiyas (Analogical Reasoning):
- Istihsan (Juristic Preference):
- Masalih Mursalah (rulings adopted to protect public interest and collective welfare, despite having no direct evidence)
- Ibn Kathir, Al-Bidayah wan-Nihayah, 6/301
- 'Urf or Custom (customs prevailing in society, which do not conflict with the Shari'ah)
- Istishab (maintaining the previous state, until contrary evidence is found)
- Shar'u Man Qablana (rulings of the previous Shari'ah, which do not contradict the current Shari'ah)
From all these sources, the Muslim ruler will take guidance for legislation. As a result, it becomes possible to find proper solutions consistent with the principles of the Quran and Sunnah for new situations and new demands of the state.
6. Reviving Kharijite Ideology: The Kharijites use verse 44 of Surah Al-Ma'idah as evidence that—
وَمَن لَّمْ يَحْكُم بِمَا أَنزَلَ اللَّهُ فَأُو۟لَـٰٓئِكَ هُمُ ٱلْكَـٰفِرُونَ
"Meaning: Whoever does not judge (or rule) by what Allah has revealed—they are the disbelievers."
In light of this, we will say—the foundations of faith are three:
- Tasdiq bil Qalb (Affirmation with the heart)
- Iqrar bil Lisan (Confession with the tongue)
- 'Amal bil Arkan (Action with the limbs)
However, 'affirmation with the heart' is the actual foundation of faith, not the other two. And this is the universal consensus of the Ahl al-Sunnah wal-Jama'ah (particularly the Ash'aris). The doctrine outside of this which dictates—'whoever does not rule by the law of Allah is a *Kafir* (disbeliever), even if he is a Muslim'—is fundamentally the ideology of the Kharijites.
However, the true Imams of Islam have rejected this notion of theirs and proved its fallacy from many perspectives. Imam Fakhruddin Razi (Rah.), in his commentary on this verse of Surah Al-Ma'idah, clearly refutes this explanation of the Kharijites. He writes:
The Kharijites assert that whoever disobeys Allah (i.e., commits a major sin) is a *Kafir* (disbeliever). However, the unanimous view of the Imams is that this is not the case. The Kharijites have used this verse as evidence to validate their claim. They argue: This verse clearly states that whoever judges by a rule other than what Allah has revealed is a *Kafir*. And when any Muslim engages in a sin, they too are acting outside the rulings revealed by Allah. Therefore, the very act of committing a sin necessitates becoming a *Kafir*.
- Al-Ghazali, Al-Mustasfa, pp. 137-173; Al-Amidi, Al-Ihkam fi Usul al-Ahkam, 1/195, 3/173; 4/137
- Because, if a person cannot express his faith due to living in a family of disbelievers, or if someone forces him to utter words or commit acts of polytheism (shirk), he will still be considered a believer. Furthermore, if someone believes with his heart and confesses it verbally, but does not perform any deeds, he will certainly be a sinner, but he will not be expelled from Islam. On the other hand, if someone confesses verbally and performs deeds alongside other Muslims, but does not affirm it with his heart—in that case, he will be considered a hypocrite. From this it is understood—without affirmation from the heart, the remaining two foundations yield no results. Therefore, this is the core. —Translator
Theologians and Quranic exegetes have responded to the misinterpretations of this verse by the Kharijites and various groups with similar ideologies:
First answer: This verse was actually revealed in the context of the Jews, so its directive applies only to them. But this explanation is weak. Because, the fundamental principle of Quranic interpretation is—rulings will be determined by the generality of the wording (Umum al-Lafz), and cannot be restricted by the specific context of revelation (Shan-e-Nuzul).
Many have attempted to cover up this weakness. They have argued: 'Those who were being discussed from the beginning of this verse—namely, the Jews and Christians—whoever among them does not rule according to what Allah has revealed, they are the disbelievers.' However, this explanation is also weak.
Because, it is stated in the words of Allah—وَمَنْ لَّمْ يَحْكُم بِمَا أَنْزَلَ اللَّهُ—here the particle 'من' (man) appears in the form of a condition, and according to Arabic grammar, when this particle appears as a condition, it always conveys a comprehensive or general ('Aam) meaning. Therefore, restricting it only to the Jews and Christians means inserting something extra into the Quran, [and simultaneously limiting the universality of the Quran]—which is absolutely impermissible.
Second answer: 'Ata (Rah.) said—'This is Kufr duna Kufr' (that is, not manifest disbelief, but rather a specific level below disbelief or minor disbelief).
Tawus (Rahimahullah) said: "This is not the kind of *Kufr* (disbelief) that expels a person from the *Millah* (Muslim community), such as the *Kufr* that results from denying Allah and the Hereafter."
That is, they have interpreted the verse as 'Kufrun Ni'mah' (denying the blessings of Allah), and not as 'Kufrud Deen' (denying the religion).
However, this explanation is also weak. Because, if the word '*Kufr*' is used without any condition or restriction (*Mutlaq*), it naturally refers to the complete denial of the religion (*Deen*).
Third answer: Ibn al-Anbari says—the meaning of the verse could also be: whoever does not judge by what Allah has revealed is actually committing an act that resembles the actions of the disbelievers; therefore, he too bears a resemblance to the disbelievers.
However, this explanation is also weak. Because it is unacceptable to set aside the apparent (*Zahir*) meaning of the Quranic text in this manner to establish an alternative interpretation.
Fourth answer: Abdul Aziz Ibn Yahya Al-Kinani says—what is stated in the words of Allah: بِمَا أَنزَلَ اللَّهُ (by what Allah has revealed), conveys a *Sighat Umum* (form of generality). That is, here...
- *Kufr* is of two types: *Kufr* of belief (*Aqidah*) and *Kufr* of ungratefulness for blessings (*Ni'mah*). The *Kufr* of ungratefulness is minor *Kufr*, which does not expel one from Islam. Imam Bukhari discussed this matter in his *Sahih al-Bukhari*, in the '*Kitab al-Iman*' chapter, under the section باب كفران العشير وكفر دون كفر.
...the word used expresses a meaning of universality. Therefore, it means—this ruling applies to everything that Allah has revealed, and is not limited to any specific matter or particular portion. According to him, the meaning of this verse is: 'Whoever goes against every ruling revealed by Allah, he is a true disbeliever.'
This statement is also partially correct. Because a *Kafir* (disbeliever) is one who stands in opposition to everything revealed by Allah—meaning they deny Allah's rulings entirely in belief, verbal confession, and action. On the other hand, a *Fasiq* (disobedient Muslim) does not deny all of Allah's commands; rather, they deviate partially—in their actions; but through the conviction in their heart and verbal confession, they accept the rulings of Allah.
However, there is a weakness in this explanation as well. If this verse were to be applied only to those who oppose every single ruling of Allah, then this warning would not apply to the Jews. Yet, all *Mufassirs* (exegetes) unanimously agree that this verse was primarily revealed concerning the Jews—specifically when they altered Allah's ruling of *Rajm* (stoning) for the adulterer as prescribed in the Torah. Therefore, it is clear that this interpretation of the verse is not tenable.
Fifth answer: Hazrat Ikrimah (Rah.) said—'Whoever does not judge by the ruling revealed by Allah is a disbeliever'—the intent of these words of Allah is the person who denies the command of Allah both verbally and in his heart.
But the person who firmly affirms in their heart that it is the command of Allah, and verbally confesses that it is the command of Allah, yet acts contrary to it in practice—they are still considered to be accepting Allah's ruling; they have merely abandoned it in practical action. Therefore, the ruling of this verse (regarding being declared a *Kafir*) does not apply to them.
This is the correct explanation—and Allah knows best.
Consequently, whoever denies the Shari'ah of Allah in their heart and verbally, or considers Allah's ruling to be wrong, or mocks it, or rejects it—they are undoubtedly a *Kafir*.
But a Muslim who sincerely believes that Allah's Shari'ah is true, does not deny it in his heart, nor does he deny it verbally, yet is negligent in governance or does not follow it completely—he remains a Muslim, but he will be considered an 'Asi' (a sinner). If this sinful Muslim repents, Allah will accept his repentance. And if he dies without repenting, then his matter is in the hands of Allah—He may forgive him if He wills, or He may punish him if He wills.
- Fakhr al-Din al-Razi, *At-Tafsir al-Kabir*, 12/6.
How beautifully the author of the book Jawhara has stated:
ومن يمت ولم يتب من ذنبه
فأمره مفوض لربه
The one who commits a sin and, without repenting,
Falls into the lap of death,
Their ultimate fate is entrusted
Into the hands of their Lord.
7. Acting contrary to the guidance of the Messenger of Allah (PBUH): Declaring those who do not act according to the rulings revealed by Allah as disbelievers contradicts the guidance of the Messenger of Allah (PBUH). Because, Hudhayfah ibn al-Yaman (RA) narrated that the Messenger of Allah (PBUH) said:
"After me, there will come rulers who will not follow my guidance, nor will they follow my Sunnah. Among them will be men whose hearts will be like the hearts of devils in the bodies of human beings."
I asked: "O Messenger of Allah, what should I do if I reach that time?"
He (PBUH) said: You shall listen to and obey your ruler. Even if he strikes your back and takes away your wealth, still you must listen and obey.
This Hadith makes it clear:
- Even if a Muslim ruler does not follow the Quran and Sunnah, he cannot be immediately declared a disbeliever.
- Rather, despite his injustice and oppression, obedience to him must be maintained in order to preserve the unity of the Muslim Ummah—unless that ruler explicitly declares himself a clear 'disbeliever'.
The true meaning of the verse
The question arises, —'whoever does not judge by what Allah has revealed is a disbeliever'—who are the targets of this verse? A specific nation, or all of humanity?
In response to this, I would first state—the primary target of this verse is the Jews. The evidence for this lies in the *Shan al-Nuzul* (circumstances of revelation) of the verse itself.
- Ibrahim al-Laqqani, Jawharat al-Tawhid, p. 19
- Sahih Muslim, Hadith No. 1847
(Context) and the preceding and succeeding text.
According to authentic Hadith, this verse was revealed following a specific incident. An incident of adultery took place among the Jews. In the Torah, the punishment for adultery was *Rajm* (stoning to death). However, they altered that ruling according to their own desires, and secretly hoped that the Messenger (PBUH) would provide them with a different ruling.
In Sahih Muslim, the hadith is narrated as follows:
Narrated by al-Bara' ibn 'Azib (RA), he said: "Once, a Jew whose face had been blackened and who was being flogged was taken past the Prophet (PBUH). He called them and asked, 'Is this the punishment for adultery that you find in your Book?'"
They said, 'Yes.'
Then he called a scholar (rabbi) from among them and said, 'I adjure you by Allah, Who revealed the Torah to Musa (AS), is this the punishment for the adulterer that you find in your Book?'
তখন ইহুদি আলেম বললেন, ‘না।’ তিনি আরও বললেন, ‘আপনি যদি আমাকে আল্লাহর কসম দিয়ে এভাবে না বলতেন, তবে আমি আপনাকে জানাতাম না যে, এর প্রকৃত শাস্তি রজম। কিন্তু আমাদের সমাজের অভিজাত ব্যক্তিদের মাঝে এর ব্যাপক প্রচলন হয়ে গেছে। তাই অভিজাত কেউ এ কাজে জড়িয়ে গেলে আমরা তাকে ছেড়ে দিতাম। আর যখন সামাজিকভাবে দুর্বল কাউকে (এ কাজের দায়ে) পাকড়াও করতাম, তখন তার ওপর হদ (শরিয়তের প্রকৃত শাস্তি) বাস্তবায়ন করতাম। শেষমেশ আমরা বললাম, তোমরা সকলেই এসো, আমরা সবাই মিলে এ ব্যাপারে একটি শাস্তি নির্ধারণ করে নিই, যা অভিজাত শ্রেণি ও অনভিজাত শ্রেণি—সকলের ওপরই প্রযোজ্য হবে। সুতরাং আমরা ব্যভিচারের শাস্তি হিসেবে পাথর নিক্ষেপের পরিবর্তে কালি লাগানো এবং বেত্ৰাঘাত করাকেই স্থির করে নিলাম।’
Then the Messenger (PBUH) said, "O Allah, I am the first to revive Your command when they had caused it to die."
Then he ordered them to be stoned to death. Eventually, that Jew was stoned. It was then that the verses from يَا أَيُّهَا الرَّسُولُ لاَ يَحْزُنْكَ الَّذِينَ يُسَارِعُونَ فِي الْكُفْرِ (O Messenger, let not those who rush into disbelief grieve you)—up to the verse إِنْ أُوتِيتُمْ هَذَا فَخُذُوهُ (if you are given this, then take it)—were revealed.
That Jewish scholar said (to the others): "Go to Muhammad (PBUH); if he gives you..."
- Surah Al-Ma'idah, Verse 41
...commands the blackening of faces and flogging, then carry it out; but if he commands stoning, then reject it." Then Allah Almighty revealed regarding this:
وَمَنْ لَمْ يَحْكُمْ بِمَا أَنْزَلَ اللَّهُ فَأُولَئِكَ هُمُ الْكَافِرُونَ
Meaning: Those who do not judge by what Allah has revealed are disbelievers.
وَمَنْ لَمْ يَحْكُمْ بِمَا أَنْزَلَ اللَّهُ فَأُولَئِكَ هُمُ الظَّالِمُونَ
Meaning: Those who do not judge by what Allah has revealed are wrongdoers.
وَمَنْ لَمْ يَحْكُمْ بِمَا أَنْزَلَ اللَّهُ فَأُولَئِكَ هُمُ الْفَاسِقُونَ
Meaning: Those who do not judge according to what Allah has commanded are the defiantly disobedient.
All of these verses were revealed concerning the disbelievers.
Here it is clear that Allah Almighty used the words 'disbeliever', 'wrongdoer', and 'defiantly disobedient' in reference to the Jews in a context where they had completely abrogated the prescribed punishment for adultery mentioned in the Torah, replacing the ruling of execution by stoning with blackening the face and flogging.
The context (preceding and succeeding verses) of these verses also proves this—those who are being addressed as 'disbelievers', 'wrongdoers', and 'defiantly disobedient' are not being called disbelievers due to failing to implement one or two of Allah's commandments; rather, they were already disbelievers because of their 'lack of internal affirmation from the heart'. Allah Almighty Himself bears witness to this:
يَا أَيُّهَا الرَّسُولُ لَا يَحْزُنكَ الَّذِينَ يُسَارِعُونَ فِي الْكُفْرِ مِنَ الَّذِينَ قَالُوا آمَنَّا بِأَفْوَاهِهِمْ وَلَمْ تُؤْمِن قُلُوبُهُمْ ۛ وَمِنَ الَّذِينَ هَادُوا ۛ سَمَّاعُونَ لِلْكَذِبِ سَمَّاعُونَ لِقَوْمٍ آخَرِينَ لَمْ يَأْتُوكَ ۖ يُحَرِّفُونَ الْكَلِمَ مِن بَعْدِ مَوَاضِعِهِ ۖ يَقُولُونَ إِنْ أُوتِيتُمْ هَٰذَا فَخُذُوهُ وَإِن لَّمْ تُؤْتَوْهُ فَاحْذَرُوا ۚ وَمَن يُرِدِ اللَّهُ فِتْنَتَهُ فَلَن تَمْلِكَ لَهُ مِنَ اللَّهِ شَيْئًا ۚ أُولَٰئِكَ الَّذِينَ لَمْ يُرِدِ اللَّهُ أَن يُطَهِّرَ قُلُوبَهُمْ ۚ لَهُمْ فِي الدُّنْيَا خِزْيٌ ۖ وَلَهُمْ فِي الْآخِرَةِ عَذَابٌ عَظِيمٌ
Meaning: O Messenger, let not those grieve you who hasten into disbelief among those who say with their mouths, "We have believed," but their hearts have not believed, and from among the Jews. They are avid listeners to falsehood, eavesdropping (spying) on behalf of another group who have not come to you. They distort words (of the Torah) from their proper contexts. They say, "If you are given this (distorted ruling), take it; but if you are not given it (the distorted ruling), beware!" And whoever Allah intends to subject to trial, you can never do anything for him against Allah. Those are the ones whose hearts Allah does not intend to purify. For them in this world is disgrace, and for them in the Hereafter is a tremendous punishment. (Surah Al-Ma'idah, Verse 41)
- Surah Al-Ma'idah, verses 44, 45, and 47
- Sahih Muslim, Hadith 1700 and 4332
سَمّٰعُوۡنَ لِلۡكَذِبِ اَكّٰلُوۡنَ لِلسُّحۡتِ ؕ فَاِنۡ جَآءُوۡكَ فَاحۡكُمۡ بَیۡنَهُمۡ اَوۡ اَعۡرِضۡ عَنۡهُمۡ ۚ وَ اِنۡ تُعۡرِضۡ عَنۡهُمۡ فَلَنۡ یَّضُرُّوۡكَ شَیۡئًا ؕ وَ اِنۡ حَكَمۡتَ فَاحۡكُمۡ بَیۡنَهُمۡ بِالۡقِسۡطِ ؕ اِنَّ اللّٰهَ یُحِبُّ الۡمُقۡسِطِیۡنَ
Meaning: They are avid listeners to falsehood, consumers of what is unlawful. So if they come to you, judge between them (if you wish), or turn away from them. If you turn away from them, they can never harm you at all. And if you do judge, judge between them with justice; indeed, Allah loves those who act justly. (Surah Al-Ma'idah, verse 42)
وَ كَیۡفَ یُحَكِّمُوۡنَكَ وَ عِنۡدَهُمُ التَّوۡرٰىۃُ فِیۡهَا حُكۡمُ اللّٰهِ ثُمَّ یَتَوَلَّوۡنَ مِنۡۢ بَعۡدِ ذٰلِكَ ؕ وَ مَاۤ اُولٰٓئِكَ بِالۡمُؤۡمِنِیۡنَ
Meaning: And how is it that they come to you for judgment while they have the Torah, in which is the judgment of Allah, yet even after that they turn away? And they are truly not believers. (Surah Al-Ma'idah, Verse 43)
اِنَّاۤ اَنۡزَلۡنَا التَّوۡرٰىۃَ فِیۡهَا هُدًی وَّ نُوۡرٌ ۚ یَحۡكُمُ بِهَا النَّبِیُّوۡنَ الَّذِیۡنَ اَسۡلَمُوۡا لِلَّذِیۡنَ هَادُوۡا وَ الرَّبّٰنِیُّوۡنَ وَ الۡاَحۡبَارُ بِمَا اسۡتُحۡفِظُوۡا مِنۡ كِتٰبِ اللّٰهِ وَ كَانُوۡا عَلَیۡهِ شُهَدَآءَ ۚ فَلَا تَخۡشَوُا النَّاسَ وَ اخۡشَوۡنِ وَ لَا تَشۡتَرُوۡا بِاٰیٰتِیۡ ثَمَنًا قَلِیۡلًا ؕ وَ مَنۡ لَّمۡ یَحۡكُمۡ بِمَاۤ اَنۡزَلَ اللّٰهُ فَاُولٰٓئِكَ هُمُ الۡكٰفِرُوۡنَ
Meaning: Indeed, We revealed the Torah, in which was guidance and light; the prophets who had submitted to Allah judged by it for the Jews, and so did the rabbis and scholars, for they were entrusted with the preservation of the Book of Allah and were witnesses to it. So do not fear people, but fear Me, and do not sell My verses for a meager price. And whoever does not judge by what Allah has revealed—then it is those who are the disbelievers. (Surah Al-Ma'idah, verse 44)
وَ كَتَبۡنَا عَلَیۡهِمۡ فِیۡهَاۤ اَنَّ النَّفۡسَ بِالنَّفۡسِ ۙ وَ الۡعَیۡنَ بِالۡعَیۡنِ وَ الۡاَنۡفَ بِالۡاَنۡفِ وَ الۡاُذُنَ بِالۡاُذُنِ وَ السِّنَّ بِالسِّنِّ ۙ وَ الۡجُرُوۡحَ قِصَاصٌ ؕ فَمَنۡ تَصَدَّقَ بِهٖ فَهُوَ كَفَّارَۃٌ لَّهٗ ؕ وَ مَنۡ لَّمۡ یَحۡكُمۡ بِمَاۤ اَنۡزَلَ اللّٰهُ فَاُولٰٓئِكَ هُمُ الظّٰلِمُوۡنَ
Meaning: And We ordained for them therein (in the Torah): a life for a life, an eye for an eye, a nose for a nose, an ear for an ear, and a tooth for a tooth; and for wounds equal retribution. But whoever forgives it out of charity, it will be an expiation for him. And whoever does not judge by what Allah has revealed, then it is those who are the wrongdoers. (Surah Al-Ma'idah, Verse 45)
وَ قَفَّیۡنَا عَلٰۤی اٰثَارِهِمۡ بِعِیۡسَی ابۡنِ مَرۡیَمَ مُصَدِّقًا لِّمَا بَیۡنَ یَدَیۡهِ مِنَ التَّوۡرٰىۃِ وَ اٰتَیۡنٰهُ الۡاِنۡجِیۡلَ فِیۡهِ هُدًی وَّ نُوۡرٌ ۙ وَّ مُصَدِّقًا لِّمَا بَیۡنَ یَدَیۡهِ مِنَ التَّوۡرٰىۃِ وَ هُدًی وَّ مَوۡعِظَۃً لِّلۡمُتَّقِیۡنَ
Meaning: And in their footsteps We sent Jesus, son of Mary, confirming what came before him of the Torah; and We gave him the Gospel, in which was guidance and light, confirming what preceded it of the Torah, and a guidance and an admonition for the God-fearing. (Surah Al-Ma'idah, verse 46)
Looking at this entire context, it becomes clearly evident in what context and addressing whom these verses were revealed. Broadly speaking, three characteristics of the Jews are found here, which, beyond any interpretation, prove them to be disbelievers:
- Not having faith from the heart.
- Distorting the Book of Allah revealed to them and abandoning the unaltered law in order to give precedence to whims and personal interests.
- Turning away from the command of Allah.
Moderate position
The question may arise: if these verses were indeed revealed concerning the Jews, will the ruling of the verses apply in the same manner to followers of other laws (other nations or religious communities) as well, if they too abandon Allah's decree and begin to govern by another way?
In response to this, a group of scholars have said—yes, the same ruling applies to others besides the Jews. Because the ruling of the Quran is determined by the generality/comprehensiveness (Aam) of the wording, not by the specific reason for revelation. Moreover, in principle, the Sharia before us is also Sharia for us—unless there is a contrary ruling in the Muhammadi Sharia. Therefore, if anyone judges contrary to what Allah has revealed, and if they do so intentionally and with the intent to deny Allah's command, then learned muftis may issue a fatwa regarding them.
Another group of scholars have said—no, the ruling of this verse is only for the Jews. Applying this ruling to others would require separate evidence, or an analogy (Qiyas) with the Jews.
However, this verse is not clear evidence for issuing a fatwa declaring Muslims to be disbelievers. Therefore, even if a Muslim does not govern according to the decree of Allah, he cannot be proven a disbeliever merely by this verse. This is because if there is room for alternative possibilities within an evidence, it becomes inadmissible for determining creed (aqidah). In matters concerning creed, only 'qat'i al-thubut' (conclusive and definitive) evidence is acceptable; one cannot be declared a disbeliever through 'zanni al-thubut' (speculative and ambiguous) evidence.
Author Profile: Dr. Abdul Fattah Al-Awari (b. 1968) is a prominent Egyptian Islamic scholar and academic from Al-Azhar University. He is widely known for Quranic exegesis (Tafsir) and his role in Al-Azhar's academic activities. He served as the Dean of the Faculty of Theology (Usul al-Din) at Al-Azhar University. He is also a respected member of Al-Azhar's Islamic Research Academy (Majma' al-Buhuth al-Islamiyyah), Egypt's highest Islamic research body that provides Islamic solutions and fatwas on various complex contemporary issues. His primary field of study and research is Quranic exegesis. He is adept at synthesizing classical and traditional Tafsir with the modern context. He has authored several significant works, notable among which are: *Tafsir Ayat al-Ahkam*, *Qimat al-Turath al-Arabi*, *Qisas al-Qur'an*, and others.
Translation: Mawlawi Ashraf is a writer, translator, and editor. He studied in a Qawmi madrasa, completing his Dawra-e-Hadith from Jamia Islamia Baitul Falah, Mohammadpur, in 2016. Subsequently, he studied Comparative Religion at Ma'had Abul Hasan Ali Nadwi and Islamic Jurisprudence at Markazul Quran. Currently, he is studying in the Department of Islamic Studies at Shanto-Mariam University of Creative Technology. His primary interests lie in the reconstruction of religious thought, arts and literature, and political philosophy. Published books: *Oyong Bhoyong Rabindranathong o Onyanyo* (2023), *Gono-obhyutthan-uttor Islam, Rajniti o Somajbhabona* (2025), and the children's book *Saper Tauba* (2025). Additionally, he has published five translated books and seven edited books. Email: mawlawiashraf@gmail.com
The Hakimiyyah Question