Praise be to Allaah.
The ruler who does not rule
according to the Book of Allaah and the Sunnah of His Messenger should be
obeyed in matters that do not involve disobedience towards Allaah and His
Messenger, and it is not obligatory to fight him because of that; rather it
is not permissible to do so unless he reaches the level of kufr, in which
case it becomes obligatory to oppose him and he has no right to be obeyed by
Ruling according to anything
other than that which is in the Book of Allaah and the Sunnah of His
Messenger reaches the level of kufr when two conditions are met:
he knows the ruling of Allaah and His Messenger; if he is unaware of it,
then he does not commit kufr by going against it.
what makes him rule by something other than that which Allaah has revealed
is the belief that it is a ruling that is not suitable for our time and that
something else is more suitable than it and more beneficial for people.
If these two conditions are
met, then ruling by something other than that which Allaah has revealed
constitutes kufr which puts a person beyond the pale of Islam, because
Allaah says (interpretation of the meaning): “And whosoever does not
judge by what Allaah has revealed, such are the Kaafiroon (i.e.
disbelievers)” [al-Maa’idah 5:44]. The authority of the ruler becomes
invalid and he has no right to be obeyed by the people; it becomes
obligatory to fight him and remove him from power.
But if he rules by something
other than that which Allaah has revealed whilst believing that ruling by
that – i.e. that which Allaah has revealed -- is what is obligatory, and
that it is more suitable for the people, but he goes against it because of
some whims and desires on his part or because he wants to wrong the people
under his rule, then he is not a kaafir; rather he is a faasiq (evildoer) or
a zaalim (wrongdoer). His authority remains, and obeying him in matters that
do not involve disobedience to Allaah and His Messenger is obligatory, and
it is not permissible to fight him or remove him from power by force or to
rebel against him, because the Prophet (blessings and peace of Allaah be
upon him) forbade rebelling against rulers unless we see blatant kufr for which we have proof from Allaah. End quote.