Is replacing the Laws of the Shari’ah evidence that the Ruler considers it Halal?

Question:

We have read words from Shaykh Muhammad bin Saalih Al-‘Uthaymeen may Allah preserve him, from his book “Al-Qawl Al Mufeed fee Sharh Kitaab At-Tawheed” in which the Shaykh says what means: “The one who rules with other than what Allah revealed, he would not have done this except for the fact that he believed that these laws are superior for the countries and the people, and superior to the Sharee’ah of Allah.” So is this true that replacing of the akham of the Sharee’ah is an evidence that the Hakim considers these laws to be better than the Sharee’ah of Allah? And is this the reason for his Kufr? Or is it that this action is Kufr on its own?

Answer:

What the general population of the Muslims are upon such as Al Haafidh Ibn Katheer narrated their Ijmaa in “Al Bidaayah wa Nihayyah”, in the thirteenth volue in the biography of Gengis Khan, is that the action on its own is Kufr and Riddah without looking and without tying it in with the beliefs or Juhood or Takdheeb or Taftheel or things like that. 

So when we see the one who ‘Rules by Other than what Allah has revealed’, it could be due to his belief that his Hukm is superior than the Shara’ of Allah, or it could be that this action is not due to beliefs, rather it is only an action. So we make Takfeer from the action itself, without looking to the beliefs. And if he adds to this (action) beliefs, then his Kufr has increased. Otherwise, the action itself is Kufr and Riddah from the Deen. Like He, ta’ala said:

{“And whosoever does not judge by what Allah has revealed, such as the Kafirun”.}

And like He, ta’ala said:

{“Have you seen those (hypocrites) who claim that they believe in that which has been sent down to you, and that which was sent down before you, and they wish to go for judgement to the Taghut while they have been ordered to reject them.”}

So we say about His, jala wa’ala’s saying: {“And whosoever does not judge by what Allah has revealed, such as the Kafirun.”} - Kufr in leaving the Hukm and Kufr in legislation and Kufr in ruling with that legislation. So they (i.e the rulers who do this) join between three matters, which take them outside Islam. So whoever says, “They do not disbelieve except with Juhood or belief,” then this is the Madhab of the Ghulaat Al Jahmeeyah or the Murj’iah.