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Fatwa CenterThe stance of Sayyid Qutb towards Al-Haakimiyyah
Question
Does Sayyid Qutb, may Allaah have mercy on him, adopt the philosophy of the Shiites towards Al-Haakimiyyah (the principle that Allaah The Almighty is the only Judge and Legislator?
Answer
All perfect praise be to Allaah, the Lord of the worlds. I testify that there is none worthy of worship except Allaah, and that Muhammad, sallallaahu ‘alayhi wa sallam, is His Slave and Messenger.
Al-Haakimiyyah stands for the belief in the absolute judgment and exclusive legislation of Allaah The Almighty, who is the only Judge and Legislator. Allaah The Almighty does not permit anyone to share His legislation.
There is no doubt that Al-Haakimiyyah, in this sense, is a principle of Islam, a requisite of la ilaaha illa Allaah (testimony of Islamic monotheism) and a part of Tawheed Al-‘Uboodiyyah (monotheism in acts of worship), which was revealed in the Scriptures and in the preaching for which the Messengers were sent. Indeed Al-Haakimiyyah is established in the Quran, the Sunnah (Prophetic tradition) and by consensus.
The eminent scholar Ash-Shinqeeti
states that referring to other than Allaah The Almighty and His Sharee‘ah (Islamic law) in legislation is similar to worshipping other than Allaah The Almighty, Who Says (what means): {And in anything over which you disagree - its ruling is [to be referred] to Allaah.} [Quran 42:10] This verse indicates that judgment on disputed matters should only be sought from Allaah The Almighty.
Furthermore, Allaah the Almighty Says (what means): {And not associate in the worship of his Lord anyone.} [Quran 18:110]
Thus these two verses suggest that the dedication of acts of worship and legislative authority belongs exclusively to Allaah The Almighty.
Tawheed Al-Haakimiyyah (The oneness of the Legislator) is also established in the verses that read (what means):
• {The decision is only for Allaah. He relates the truth, and He is the best of deciders.} [Quran 6:57]
• {And whoever does not judge by what Allaah has revealed - then it is those who are the disbelievers.} [Quran 5:44]
• {All things perish, except His Face. To Him belongs the judgment, and to Him you will be returned.} [Quran 28:88]
• {His authority is only over those who take him as an ally and those who through him associate others with Allaah.} [Quran 16:100]
• {And if you were to obey them, indeed, you would be associators [of others with Him].} [Quran 6:121]
• { Did I not enjoin upon you, O children of Adam, that you not worship Satan - [for] indeed, he is to you a clear enemy -} [Quran 36:50]
Based on these verses, anyone who judges by any laws other than the ones revealed by Allaah The Almighty is a disbeliever, a wrongdoer and defiantly disobedient, as stated by Allaah The Almighty. If a person believes their judgment is correct or permissible, they have committed an act of disbelief that casts them out of Islam. If a person judges by any laws other than the ones revealed by Allaah The Almighty, out of personal whim, the person has committed an act of lesser disbelief, which is still a great sin. Enforcing man-made legislation and submitting people to it constitutes disbelief that casts a person out of Islam, even if the person concedes the fact that the Sharee‘ah is more just.
The Sharee‘ah must be the source of legislation that all people refer to in all domains. Therefore, Sayyid Qutb concentrated on this issue and considered it to be a highly distinctive quality of ‘Uboodiyyah (true servitude to Allaah). This is because being satisfied with referring to legislation other than that of Allaah The Almighty and the Prophet, sallallaahu ‘alayhi wa sallam, is considered abandonment of ’Eemaan (faith) and contradiction to Tawheed Al-‘Uboodiyyah.
It is not correct to criticize Sayyid Qutb for classifying Al-Haakimiyyah under Tawheed Al-'Uloohiyyah (monotheism of the deity) or under any other type of Tawheed (monotheism), or to claim that he introduced a new kind of Tawheed that was unfamiliar to the righteous predecessors. This is because classification of kinds of Tawheed, as in the present form, was achieved through painstaking textual research, and the differences are mainly in the ways of explaining them, not in the content.
Anyone who believes in Allaah The Almighty as his God must believe in Him as Lord and Judge, for this is included in the implications of the word "Lord", exalted be He. Anyone who believes in the Divinity of Allaah The Almighty must believe that He is the only Creator and Disposer, and that to Him all matters must be referred. Anyone who believes in the Names and Attributes of Allaah must believe in Him as the Sole Judge and Disposer, and that He has no associates in His Kingdom or partner in judgment.
It is correct to classify Al-Haakimiyyah under Tawheed Ar-Ruboobiyyah (monotheism of lordship), or under Tawheed Al-Uboodiyyah (monotheism of servitude to Allaah ). It is also correct to consider it an aspect of belief in the Names and Attributes of Allaah The Almighty. Nevertheless, it could be introduced as an independent section of Tawheed, because the entire Tawheed is included in belief in Allaah The Almighty, and belief in Allaah The Almighty covers many issues.
According to Ahl-us-Sunnah wal Jammaa'ah (the Sunnis), the issue of caliphate is not a basic principle of Islam that must be known to all competent Muslims – as stated by a group of scholars such as Al-Maawardi Al-Ghazaali and Ibn Khaldoon. However, establishing the caliphate is considered obligatory on the basis of consensus. Caliphate means the succession of the Prophet, sallallaahu ‘alayhi wa sallam, in caring for Muslims. In his definition of caliphate, Al-Maawardi says that it was originally established to guard both the religious and worldly affairs, and that it must be entrusted only to the eligible by consensus.
However, the caliphate, according to the Raafidhah, is an intrinsic foundation of their creed. In their eyes it is a divine position, similar to prophethood, and a pillar of the religion. They restrict it to a certain number of infallible Imaams, according to their claim, introducing other invalid rulings.
Sayyid Qutb did not adopt the attitude of the Raafidhah concerning the caliphate, and he never believed in it in the same way they believe in it. However, he touched increasingly on Al-Haakimiyyah, which is, certainly, closely related to caliphate, although the meaning of the Judgment of Allaah The Almighty is more comprehensive and cannot be limited to the matter of the caliphate only. The judgment of Allaah The Almighty covers all the affairs or conditions that a Muslim experiences.
Sayyid Qutb concentrated on this issue because of the heinous audacity that was being taken to cancel the Sharee’ah and replace it with secular laws. This issue needed such emphasis.
Like many fallible scholars and Daa‘iyahs, Sayyid Qutb made undeniable mistakes. However, they do not impugn his Da‘wah efforts or methodology and do not undermine his many contributions to Islam, compared to which his mistakes are small. Sayyid Qutb had views, sayings and writings that unveiled a heart full of love for Allaah The Almighty, Islam and sacrifice in its cause. He is now dead and we supplicate Allaah The Almighty to have infinite mercy on him and give him access to the martyrs’ abodes.
Allaah Knows best.
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