al-Hukm bighayr ma anzala Allah - al-Muhayyani
- Author died
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- Editions
- t 1437
al-Hukm bighayr ma anzala Allah: Munaqashah ta'siliyyah 'ilmiyyah hadi'ah (Ruling by Other Than What Allah Revealed: A Calm, Foundational Scholarly Discussion) is a contemporary treatise on Islamic creed and governance by Bandar ibn Nayif al-Muhayani al-Utaybi . The book examines the theological and legal rulings concerning those who govern or judge by other than divine law, articulating the mainstream Sunni stance through classical textual evidence and scholarly precedents .
Background and Reception
The treatise was completed around 1427 AH (2006 CE), with a second edition published in 1437 AH (2016 CE) . It includes a formal preface and commendation by Muhammad ibn Hasan Al al-Shaykh, a member of the Council of Senior Scholars in Saudi Arabia, dated Safar 1427 AH, who commended the author's exposition of the position of Ahl al-Sunnah wa-l-Jama'ah and his reliance on the Quran, the prophetic Sunnah, and authoritative scholarly consensus .
Structure and Contents
The author organized the work into four primary sections (mabahith) :
- Foundational Principles (Qawa'id la budda min ma'rifatiha): Outlines six essential principles, beginning with the rule that ruling by divine revelation is an individual obligation (fard 'ayn) grounded in six scriptural premises . It establishes that committing an act classified as disbelief does not automatically render a specific individual an apostate without the formal establishment of proof (iqamat al-hujjah), and that the proven disbelief of a ruler does not inherently legitimize armed rebellion (khuruj) unless five strict legal conditions are met .
- Detailed Breakdown of Ruling by Non-Divine Law (al-Tafsil fi mas'alat al-hukm bighayr ma anzala Allah): Classifies the act into nine distinct scenarios . Six scenarios constitute major disbelief (kufr akbar) by unanimous agreement—such as explicitly deeming non-divine ruling permissible (istihlal), denial (juhud), rejection (takdhib), claiming non-divine laws to be equal or superior to divine law, or claiming an independent right to legislate alongside Allah . The remaining three scenarios, disputed among some later scholars, are categorized by the author as minor disbelief (kufr asghar) unless accompanied by internal belief or explicit statements of major disbelief .
- Supplementary Chapters (Fusul mutammimah): Contains eight chapters summarizing the theological boundaries between major and minor disbelief, clarifying contentious concepts such as legal alteration (tabdil), total replacement of codes (istibdal), and secular codification (taqnin) .
- Refutation of Opposing Arguments (al-Jawab 'an ahamm adillat al-mukhalifin): Directly addresses and critiques the scriptural and rational arguments raised by dissenting contemporary groups regarding declaring rulers to be disbelievers .
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