Shaykh ul-Islam Ibn Taymiyyah: Who Is Defined as a 'Haakim' (Ruler)?

Filed under: Articles

Tuesday, February 02 2010 - by Takfiris.Com
Key topics: Haakim Hukkaam
Mail to a Friend Printer friendly
Who is Defined as a haakim (Ruler, Judge)?
Allaah the Most High said:

And whosoever does not judge by whatsoever Allaah has revealed, such are the Ka
firun (disbelievers). (Al-Ma'idah 5:44)
There is what indicates in this verse - as has been pointed out by the Scholars
of Islam and the Sunnah - that this verse applies to every individual Muslim, si
nce the two particles used () "whosoever" and () "whatsoever" covers every Muslim firs
tly, and secondly, everything that Allaah has revealed secondly. In modern times
, groups have emerged trying to scapegoat the rulers for the problems of the Mus
lim Ummah. Whilst we have been informed in the Sunnah of the nature of the ruler
s that are to appear (having hearts of devils, do not follow the Guidance or the
Sunnah of Muhammad, confiscate wealth, beat the people and so on) to blame them
alone for the problems of the Ummah and for not "judging by what Allaah has rev
ealed" displays the extremely shallow understanding of the combined subjects of
Tawhid, the Divine Qadar, the creational and legislative asbaab (ways and means)
, the Divine Wisdom, as well as deviation in the understanding of the verse cite
d above in particular.
In defining who is considered to be a haakim, with the wider context of a discus
sion pertaining to justice (adl) and oppression (dhulm), Shaykh ul-Islaam Ibn Ta
ymiyyah said in "Majmoo al-Fataaawaa" (18/170):
-
And since [it is the case] that it is necessary for knowledge to precede justice
- since the one who does not have knowledge, does not know what justice is, and
[since] a human [as a species] is [characterized as] an oppresser and ignorant,
except the one to whom Allaah has turned [and thus] become knowing and just - t
hen the people amongst the judges and other than them become divided into three
groupings: The knowing oppressor and the ignorant oppressor and these two are fr
om the people of the fire, as the Prophet (sallallaahu alayhi wasallam) said, "T
he judges are [of] three [types]: Two judges in the fire and one in Paradise [wh
ich is] the man who knew the truth and judged by it, so he is in Paradise. And a
man who made judgement for the people upon ignorance, then he is in the fire. A
nd a man who knew the truth and judged in opposition to it, then he is in the Fi
re". And these [latter] two types are just as he said, "Whoever spoke about the
Qur'an with his opinion and was correct, then he has erred, and whoever spoke ab
out the Qur'an with his opinion and erred, then let him take his seat in the Hel
lfire".
And everyone who judged between [any] two people, then he is [considered] a qaad
i (judge) irrespective of whether he is a person of war, or one commissioned int
o [any position of] office, or appointed in the consideration [of the affairs] o
f enjoining good and forbidding evil, until even the one who judges between two
children regarding [their] handwriting, then the Companions considered [all] suc
h people to be hukkaam (rulers).
From this statement of Ibn Taymiyyah (rahimahullaah) anyone who judges between t
wo people on any particular matter, is considered a "haakim", who has been order
ed to judge by what Allaah has revealed which is justice and truth.