Imaam Ash-Shawkaani said:
"Now we will make clear to you the condition of the
second type and it is the Hukm of the people of the state who aren't under the command of the state" – until his saying
"from it is that they judge and take the Hukm to the ones who know the Ah'kaam of the Tawagheet in
all of the matters that they are in charge of and they take it to them without making Inkaar and without any shame in front
of Allaah or His slaves and they do not fear anyone, rather they can rule with that anyone who they are able to reach from
the citizens and those who surround them. And this is a known matter, which no one can deny or reject, and this is well known.
And there is no doubt that this is Kufr in Allaah, subhanahu wa-ta'ala and His Sharee'ah, which He ordered with upon the tongue
of His Messenger and chose for His slaves in His Book and upon the tongue of His Messenger. They even disbelieved in all of
the laws from the time of Adam (pbuh) until now and the Jihaad against them and fighting them is Waajib until they accept
the laws of Islaam and submit to them and rule among with the pure Sharee'ah and they leave what they were upon of Tawagheet
Shaytaaneeyah" – until his saying –
"and it is known from the rules of the pure Sharee'ah and its texts that whoever puts himself to
fight those people and seeks the aid of Allaah and makes his intention sincere, then he will be from the victorious and he
will have the reward because Allaah will give victory to whoever supports Him. And: 'And if you give victory to Allaah, He
will give victory to you and firmly plant your feet. And the reward is for the Muttaqun."
– until his saying –
" So if he who was able to fight them, leaves the making Jihaad against them, then he is under the
threat of punishment descending upon him and deserving of what comes upon him because Allaah has placed over the people of
Islaam certain groups as a punishment for them because they would not leave the Munkaarat and they did not try to adhere to
the pure Sharee'ah just like what happened with the conquering of the Khawaarij in the early days of Islaam then the conquering
of the Qaramatah and the Batineeyah then the conquering of the Turks until they almost wiped out Islaam and like what occurs
often with the conquering of the Europeans and the people like them. So keep and open mind, O people of sight! Verily, there
is a lesson in this for whoever has a heart or was given hearing and the gift of sight!"
– From his letter, "Al-Dawa
Al-' Ajaal" Pg. 33-35 which came within "Ar-Rasa'il As-Salafeeyah"
Shaikh 'Abdul-'Azeez Ibn 'Abdullaah Ibn Baaz said:
"There is no Eemaan for the
one who believes the laws of the people and their opinions are superior to the Hukm of Allaah and His Messenger or that they
are equal to it or that they resemble it or who leaves it or replaces it with fabricated laws and institutions invented by
people, even if he believes that the laws of Allaah are more encompassing and more just." – "Risalaat Wujoob Tah'keem
Sharee'at Allaah' Pg. 39, which follows the "Risalaat Tah'keem Al-Qawaneen" Published by "Daar Al-Muslim"
Shaikh Muhammad Ibn Saalih al-'Uthaymeen said:
"The first type is when the Hukm
of Allaah is removed and replaced with another Taghuutee Hukm, so that the Hukm of the Sharee'ah is eliminated between the
people and he puts in its place another Hukm from the fabrication of the humans and they remove the laws of the Sharee'ah
concerning the Mu'amilah (i. e. the general actions between people) and they put in its place fabricated laws and this, without
doubt, is Istib'daal (i. e. replacement) of the Sharee'ah of Allaah subhaanahuu wa-ta'ala, with other than it. And this is
Kufr which removes one from the Milla because this person put himself at the level of the Creator because he shara'a (legislated)
for the slaves of Allaah that which Allaah ta'ala did not give permission for and that is Shirk in His, ta'ala's saying: "Or
have they partners with All‚h (false gods), who have instituted for them a religion, which All‚h has not allowed?" (Ash-Shu'ara,
21) – "Fiqh Al-' Eebaadaat", #60
Shaikh Muhammad Naasiruddin Al-Albaanee:
Who said, in one of
his earlier cassette recorded lessons, wherein he is describing an argument he had with someone about the Takfeer of Mustafah
Ataturk, the secularist who converted the constitution of Turkey from the Hanafee code Sharee'ah, to the man-made laws. So
Shaykh Al-Albaanee said:
"I made clear to him (i. e. his opponent) that the Muslims did not make Takfeer to Ataturk who was
Muslim. No. (They did so) when he freed himself from Islaam when he implicated upon the Muslims an institution other than
the institution of Islaam. And from that was the example of his equalizing between the inheritance of the male and the female.
But Allaah says according to us, 'And for the male is the share of two females. ' And then he obligated upon the Turkish masses,
the Qobah (i. e. a Turkish-style hat)."
– "Fataawa Ash-Shaykh al-Albaanee wa-Maqara'netihah bi'Fatawaa Al-' Ulaama",
Pg. 263 from his cassette #171.