I noticed some coping by some adolescent Madkhalis, that was conveniently deleted (I wonder why), none the less, I repeat and emphasize, this is how “Kitāb” has always been understood, by the Salaf and Khalaf, and it was never understood as a Legislation back then. This Kitāb is simply a letter from a judge that has within it his judgement. It’s mentioned in every book of Fiqh, within the various Madhāhib. Nobody disagrees if a judgement of Qadi is attributed to Allah falsely, then this is Kufr Akbar, as well as the other known conditions that take an individual judgement from Kufran Duna Kufr to Major Kufr. These insincere and deceptive heretics, will try to change the meaning of words to justify their filthy creed, and will straw man in order to “attempt” to refute Ahlul Sunnah.
In the Shafi’i Madhhab, in Al-Hāwee al-Kabeer [16/216], Al-Māwirdi states:
فَإِذَا نُفِّذَ كِتَابُ الْقَاضِي بِذَلِكَ عَلَى مَا فَصَّلْنَاهُ فَالْحَقُّ الْمَحْكُومُ بِهِ عَلَى أَرْبَعَةِ أَضْرُبٍ
When the judicial letter (Kitāb) is implemented in accordance with what we have detailed, the right [or claim] adjudicated falls into four categories.
In the Maliki Madhhab, it’s narrated in Al-Mudawanah [4/521], that Imam Malik bin Anas (Salaf) said:
وَإِنْ عُزِلَ الْقَاضِي الَّذِي كُتِبَ إلَيْهِ الْكِتَابُ أَوْ مَاتَ فَوَلِيَ غَيْرُهُ فِي مَوْضِعِهِ. قَالَ: إنَّ هَذَا الَّذِي وَلِيَ بَعْدَهُ يَنْبَغِي لَهُ أَنْ يُنَفِّذَ مَا فِيهِ وَإِنْ كَانَ الَّذِي كَتَبَهُ قَدْ عُزِلَ أَوْ مَاتَ فَإِنَّهُ يَنْبَغِي لِلْقَاضِي الَّذِي جَاءَهُ الْكِتَابُ أَنْ يُنَفِّذَ ذَلِكَ، وَلَا يَنْظُرُ فِي عَزْلِ الَّذِي كَتَبَ بِهِ إلَيْهِ وَلَا فِي مَوْتِهِ.
If the judge to whom the letter (Kitāb, i.e., judgement) was written to, is dismissed or dies, and another takes his place — he said: the one who assumes [the position] after him ought to execute (the Kitāb, i.e., judgement) what is in it. And if the one who wrote it has been dismissed or has died, it is still incumbent upon the judge to whom the letter came to execute it, and he is not to consider the dismissal of the one who wrote to him, nor his death.”
And in the Hanafi Madhhab, it’s mentioned in Al-Muheet [8/124]:
والقاضي لا يقضي بكتاب واحد من الرعايا وكذلك لا يجوز كتاب القاضي إلى حكم حكمه رجلان بشهادة شهود شهدوا عنده
The judge does not judge on the basis of a single letter from one of the subjects [i.e., a private individual], and likewise the letter (Kitāb) of a judge is not valid [when addressed] to an arbitrator (judge) whom two parties have appointed, based on the testimony of witnesses who testified before him.
As you see clearly, when “Kitāb” [that was written by one’s hands] is used by the Salaf and Khalaf from the Fuqahā classically — it usually means a letter containing a judgement, and NEVER a legislation. Imagine basing your entire defense of your innovated creed, on an illiteracy in Arabic and basic Fiqh.
I’ve yet to find a semi-competent Madkhali who is not a liar and deceiver. Hence why dealing with these insincere toddlers is not worth it. Unfortunately for them, their deception is usually refuted with a mere 5-10 minutes of research.
(من حكم بكتابه الذي كتبه بيده)
The same new-age Madākhilah who thought Al-Qāsim bin Sallām discussed “man-made laws,” in his book (hint: he doesn’t), have come with a new entry into their continuously growing wall of laughable displays of ignorance, only this time they’re charging money for it.
These new-age Madkhalis have to be some of the most low IQ, intellectually deprived individuals in the history of the movement, which is saying something. In their pathetic and desperate attempts to try and prove that the Salaf dealt with man-made laws and that they were aware of it and still called it “Kufran Duna Kufr,” they are now championing this narration to finally “solidify their case”:
عن عبدِ الرحمنِ بنِ زيدِ بنِ أسلمَ في قوله تعالى:
(وَمَن لَمْ يَحْكُم بِمَآ أَنزَلَ ٱللَّهُ فأولئك هُمُ الْكَافِرُونَ)
قال: من حكم بكتابه الذي كتبه بيده، وترك كتاب الله، وزعم أن كتابه هذا من عند اللّٰه فقد كفر.
From 'Abd al-Rahman ibn Zayd ibn Aslam, regarding Allah's saying:
(And whoever does not judge by what Allah has revealed, then they are the disbelievers among you.)
He said: Whoever judges by the letter he wrote with his own hand, and abandons Allah's book, and claims that his letter (i.e., his judgement) is from Allah, then he has disbelieved.
This narration only reaffirms the position of the Muslims, in that individual judgements made by a Qadi are not Kufr Akbar as a default, and instead require additional conditions to reach the level of Kufr Akbar. The feeble Madkhali mind, just as they were wound up when they saw the word شرائعهم in the book of Al-Qāssim bin Sallām, they too got wound up when they saw the words من حكم بكتابه الذي كتبه بيده, thinking this refers to man made laws. This Kitāb which is being referenced is not referring to man-made laws, it’s the judgement of the Qadi that he writes down and passes it along to be enforced. In Ar-Rawḍ al-Murbiʿ bi-Sharḥ Zād al-Mustaqniʿ, under the Chapter titled The Judge’s Letter to a Judge:
(وَيُقْبَلُ) كتابُ القاضي (فِيمَا حَكَمَ بِهِ) الكاتبُ (لِيُنَفِّذَهُ) المكتوبُ إليه، (وَإِنْ كَانَ) كلٌّ منهما (فِي بَلَدٍ وَاحِدٍ)؛ لأنَّ حُكْمَ الحاكمِ يجبُ إمضاؤه على كلِّ حالٍ.
(And it is accepted) the letter of the judge (in what he has judged) — the writer [i.e., the sending judge] — (so that he may execute it) — the recipient — (even if) each of them (in the same city); because the ruling of a judge must be carried out in every circumstance.
Their entire premise of the Salaf being aware of man-made laws is built on this phantom hallucination of an interpretation, that even the most ignorant of Madkhali scholars wouldn’t dare make (due to the impending mockery of their ignorance which would undoubtedly ensue). Yet in their devilish attempts to solidify the thrones of the Tawagheet, they would rather make up their own definitions (keep in mind these kids can’t even read Arabic properly), than accept that Tashree’ is Right of Allah Alone, and anyone who shirks him in this Right, is a Mushrik.
نسأل الله السلامة والعافية