Equating Man-made Laws with Yasak Law
Some extremists resort to what Imam Ibn Kathir said about resorting to Yasak’s arbitration, in his Tafseer (90-2), “Allah condemns who deserts the rule of Allah and resorts to man-made concepts that violate Allah’s Sharia, just like the Tatars who judge with policies inherited from their king Genghis Khan, who wrote “Yasak,” a compilation of Judaism, Christianity, Islam, and other various legislations that are a representation of his own whimsical point of views, and later on became a religious constitution his successors abided by, and chose over the rule of Allah and his messenger peace be upon him. Thus, he who did that is an apostate, who must be fought until he reverts to the rule of Allah and His Messenger, as Allah said “Is it a judgment of the time of (pagan) ignorance that they are seeking?”
Imam Ibn Kathir said in his book [the beginning and the end, 119/13],”Whoever deserts the Sharia of the prophet Muhammad peace be upon him, and resorts to other legislations for judgment becomes a disbeliever. Hence, he who resorts to Yasak in judgment becomes a disbeliever as well.
Thus, to refute this claim, we must indicate that what Genghis Khan did is utter disbelief since he permitted the rule of other than Allah due to the following reasons:
• Genghis Khan was a non-Muslim.
• Eliassaiq is a fabricated mixture of Judaism, Christianity, Islam, and Genghis Khan’s whimsical concepts; as we will mention later on of Hafiz Ibn Kathir statements.
• The ones who resort to it, equate it with Allah’s sharia, as Ibn Taymiyah said in “Total opinions, 523 /28”, “They equate the Islamic religion with the religion of Jews and Christians, claiming that they all contribute to Allah’s rule. Some of them even prefer Christianity or Judaism over it.” He added, “Their atheist Minister has even composed a compilation which states that the Prophet, peace be upon him, approved of Jews and Christians’ religion, and didn’t condemn them, nor forbade their religion, nor commanded them to convert to Islam. And their representative who came to Sham said tried to convince Muslims that they’re Muslims as well, by saying, ‘Muhammad and Genghis Khan are two remarkable blessings that Allah has bestowed upon us’. Needless to say, equating the messenger of Allah, the last prophet, and the greatest amongst all humans with a corrupt king, is their representative’s mean to approach Muslims”. He said as well, “Tatars thought highly of Genghis Khan, they believed that he is the son of Allah just like the Christians who believe in the Christ, and say that the sun impregnated his mother, while she was in a tent, the sun descended, and entered her womb until she got pregnant.
However, it’s well known to anyone that this is a lie, and this proves that he was an illegitimate child, and that his mother was an adulterer, and claimed this to fend off the disgrace of adultery. They even glorify him more than messenger of Allah by glorifying his whimsical legislation’s, and regard the money they earn as Genghis Khan’s blessing, and pay him gratitude for their food. They also permit the murder of whoever deserts this disbeliever’s legislations”.
Al-Dhahabi said in Sayer Alalaam (228/22), “Mongol tribes pledged alliance to him, never disobeyed him, and worshiped him by obeying and glorifying him.” The Suyuti said, “Genghis Khan declared independence and Tatars abided by his laws, and believed in his divinity.” [History of caliphate (427/1)], and Subki said in [Tabaqat AShaafa, 332-333/1], That Genghis Khan Ordered his Sons to summon the soldiers, he then isolated himself in Shahek (a mountain) and stood on his feet for three days, then claimed that God told him that he will be victorious. Thus, he wrote the Eliassiq legislation and his popularity increased”
Moreover, Imam IbnKathir said in [The Beginning and the End, 118/13], “Some mentioned that he repeatedly ascended and descended the mountain until he collapsed, and ordered them to write down what he muttered as he collapsed.” Thus, the Tatars and their kings fell into disbelief.
Ibn Kathir called those who resorted to Yasak legislation, disbelieves since they believed that Yasak is better than the Sharia. Ibn al-Arabi said in his book “The verdicts of the Quran”(624/2),” If he rules with these man-made legislations and regards them divine, then this is an alteration that contributes to disbelief.” IbnTaymiyah said, “He who forges testimonies and invents other man-made laws, believing that they are better than the Sharia is considered a disbeliever.” And Ibn Baz and Shaykh Ibn Jibrin said that whoever believes that man-made laws are better than the Sharia becomes a disbeliever.”
Ibn Katheer regarded whoever believed that Yasak is better than the Sharia is a disbeliever. However, abiding by man-made laws is different from believing in man-made laws, firstly it is a sin while the other is disbelief, and that is why Ibn Kathir used the word “believed” and not “abided by”. This indicates that seeking judgment differs from choosing over. Hence, this indicates that disbelief applies only to who believes that man-made regulations are better than Allah’s Sharia, for Tatars believed that Yasak is better than the Sharia, when they said that Eliassaq is the equivalent of Islam, or even better than Islam they thus fell into disbelief.
Imam Ibn Kathir said “Whoever deserts the prophet’s Sharia and seeks the judgment of other laws, becomes a disbeliever.” Yet disbelief here is not absolute since all scholars explained the matter of ruling with other man-made laws. For IbnTaymiyah said, “They have taken their rabbis and monks as lords, through obeying them in permitting what Allah has forbidden, and forbidding what Allah has permitted, and these people fall under two categories, some of them are aware that they have altered the religion of Allah, yet they still abide by their laws, believing in the permissibility of what Allah has forbidden, and the prohibition of what Allah has permitted, and thus fall into disbelief, while others don’t believe nor approve of those alterations (2), yet still obey them in these alterations, committing by that a sin, and thus they become sinners instead of disbelievers”(3).
There is a consensus among the Sunnis and the general body of Muslims, that whoever rules with other than Allah’s [rule] while disapproving of it, is a sinner and not a disbeliever. Imam Sam’aani said, “Kharijites use this verse to accuse whoever rules with man-made laws of disbelief, although Sunnis have said that deserting the judgment without believing that man-made laws are better than the Sharia, makes him a sinner not a disbeliever.”
Imam al-Qurtubi, said, “These verses refer to non-Muslims, since whoever deserts the Sharia without believing that man-made laws are better than the Sharia, becomes a sinner and not a disbeliever, for Allah said, “Allah forgives not that a partner should be ascribed unto Him. He forgives (all) save that to whom He wills.”
Based on these previous agreements, IbnKathir’s statement can be interpreted as, “Whoever chose Yasak over the Sharia, and believed that it is better than the judgment of Allah is a disbeliever. Abdul-Latif Al-Sheikh said in the “The Foundation, p. 71”, “Whoever seeks the judgment of man-made laws that contradict the Quran and Sunnah, such as, the laws of the Greek and the Tatars, believing that they are better than the Sharia, falls into disbelief.”
Moreover, the scholar Sulaiman ibn Samhan said in “Letters, 3/309”, “Whoever permits the rule of other than Allah, and prefers it over Allah’s rule, falls into disbelief, however whoever seeks man-made laws while still believing that the Sharia is better than these laws is a sinner.”
To conclude, Genghis Khan invented a religion and attributed it to Allah, and asked his people to worship whatever they wanted to bring them closer to Allah. Thus, they believed that his laws were a revelation from Allah, and chose it over the Quran and the Sunnah, and considered it better than Islam, as they stated, and this has nothing to do with the current man-made laws, since arbitrators didn’t claim that these laws are divine or better than Allah’s Sharia.