Before engaging in the analysis of the verses of judgement in the Chapter of Ma'idah, the writer pauses to consider a highly important matter: the reasons of their Revelation. For this is an important step on the road of comprehending these verses. He justifies this saying, "Knowing the reasons of Revelation of some verses spares the researcher time and effort so as to correctly understand the interpretation of certain verses."

 ـAfter displaying the different versions of the reasons of these verses Revelation mentioned in the books of fiqh and Sunnah, the writer puts a brief account of these reasons. This verse was sent down for the Jews. One of the Jews committed adultery with a given woman. So, the Jews went to the Prophet (PBUH) asking him about this. When the Prophet (PBUH) asked them about the judgment of the married adulterer in their Torah, they held back the Divine Judgment and fabricated a different judgment and attributed it to Allah.

They did not admit the true Divine Judgment written down in Torah but after the Prophet (PBUH) clamped down on them. Only then, they reluctantly admitted that the Divine Judgment is pelting with stones. The Prophet (PBUH) applied the Divine Judgement.

 ـAfter writing down some of the note worthy points to be concluded from the reasons of these verses revelation, he poses the following question, "Given that these verses are basically revealed for the Jews, what do these verses have to do with us- Muslims?"

What is important is the general words and not the specific reasons:

ـ The writer answers the question he poses as follows, "the uncontroversial fact in this regard is that the importance is to be given to the general words and not the specific reasons. This is the opinion of the majority of the well-versed scholars. Though these verses were revealed for the People of the Book - the Jews- in the Prophetic era for a specific incident, the verdicts sent down are conclusive to all the Muslims at all times however different the circumstances and the various the incidents are.

 ـAnother evidence used by the author to substantiate the general mode of the three verses is the use of the word "Whosoever". This is a general word that puts each and every person of sound reason- whether Muslim or non-Muslim- under the umbrella of this judgment.

 ـThe author also enumerates many proofs from amongst the sayings of the Prophet's Companions, the followers and others. He asserts that these three verses were sent down addressing the People of the Book but are obligatory to be obeyed by Muslims.

 ـThen, the writer moves to discuss the most important part of this issue: what is meant by the words disbelief, unjust and rebellious mentioned in the three verses? It is to be noted that this is the part that caused controversy and disagreement over understanding these verses. "they are (no better than) Unbelievers" (Al Ma'idah: 44)

ـ The most prominent characteristic marking these three verses of the Ma'idah Chapter is that they are of a decisive significance of the imperativeness of enforcing the judgment sent down by Allah. Yet, they are of a probable significance when it comes to the judgment of those abandoning the Divine Judgment.

 We can summarize the reasons that made these verses of Probable significance when it comes to the ruler's judgement as follows:

ـ The punishment of not enforcing the Divine Judgment differ from one verse to another:

1.      "They are (no better than) Unbelievers."

2.      "They are (no better than) wrong doers."

3.      "They are (no better than) those who rebel."

 ـThese three words have something in common: the disbelief, wrongdoing and rebellion are each double-folded.

 ـThe disparity of the Juristic opinions of the interpreters of these verses. One group deem abandoning the Divine Judgment a sin and bad deed. A second group of scholars interpreted these verses as denoting this person's ingratitude. A third group interpreted these verses as referring to those who abandon all the Divine Judgments. Another group deemed this equal to flagrant disbelief that ousts the person from the religion of Islam. This is to mention but a few juristc opinions in this regard. Which of these opinions is worthiest of adopting?

A disbelief beneath flagrant disbelief:

 ـWith all their multiplicity and large number, the opinions of the scholars and interpreters revolve around one meaning: just abandoning the Divine judgment is not considered to be disbelief. It rather falls into the category of sins and bad deeds.

ـ He who judges not with the Laws Allah sent down is not deemed non-Muslim for the mere reason of this. Yet, he is to be considered a disbeliever if this is accompanied by an additional act denoting disbelief. For example, he is considered a disbeliever if he believes not in this judgment, denies it, mocks it, declares his renunciation and rejection of it, or prefers another judgment to that of Allah Almighty. However, if a person enforces not the Divine Judgment though he acknowledges it and knows deep inside that he is disobedient, this is to be considered a sin. Yet, the Qur'an describes it with the word "Disbelief" to show the negligent person the gravity of such deed.

ـ To substantiate this fact, the writer reviews many of the interpreters' and scholars' opinions of these verses. By this, he tries to find evidence in the words of Ibn 'Abbas, Ibn Mas'ud, Tawuus, 'Ataa', Al Hassan Al Basri, Al Qurtubi, Ahmed, Ibn Taimiyya and others.

 ـThe most prominent of the quotes enlisted by the author is that of Tawuus who reported that Ibn 'Abbas said, "It is not the disbelief you think- the opposite of belief (that ousts one from the frame of the creed)."

Judging with the Laws sent down by Allah is one of the religious acts:

 ـThe Sunni scholars agreed unanimously that whosoever overlooks one of the religious obligations or commits one of the unlawful acts; is not to be considered a disbeliever so long as he acknowledges the obligatory nature of such an act, never denies it, and never believes this act to be permissible. This rule is agreed upon by all scholars. Ibn Taimiyya said, "We do not hold a Muslim to be a disbeliever by virtue of a sin he commits and we hold not a Muslim to be an apostate because of one act of his."

 ـEnforcing the Divine Judgment is undoubtedly one of the religious obligations. Ibn Hazm said, "Judging is one of the religious acts"

 ـIf the ruler denies the Judgment of Allah, he commits disbelief even if he does not enforce a judgement other than that of Allah Almighty. On the other hand, if he only enforces or orders the enforcement of a judgment other than that of Allah without denying it, he is deemed to be a sinner and not an apostate.

 ـIf neglecting the enforcement of the Divine Judgment was a flagrant disbelief, why the same verdict would not apply to neglecting other religious obligations? This way, any Muslim that neglects a religious obligation would be deemed a disbeliever. Thus, there would be no single Muslim on earth.

When is enforcing a judgment other than that of Allah to be considered a flagrant disbelief?

ـ The writer draws a distinction between two kinds of rulers. Both of them abandon the judgement of Allah. Yet, one kind is held to be disbeliever while the other is not.

ـ The first kind is the ruler who enforces not Allah's Judgment out of disbelieving in its obligatory nature, holding neglecting it permissible, mocking it or preferring another judgement to it. There is no shadow of doubt that this kind of rulers is deemed to be disbeliever. They went astray from Islam. This verdict does not draw upon their negligence of the judgemnt but the signs of disbelief that accompany this negligence. This applies to both rulers and ordinary people.

ـ The second kind is those rulers who do not enforce the Divine Judgement, but believe in its obligatory nature and know deep within that they are mistaken to do so. Yet, they enforce a judgment other than that of Allah due to their inclinations, lusts or on the pretext of the local, regional and international pressures. This act does not make an apostate out of Muslims. Yet, not judging with the Laws sent down by Allah is considered one of the gravest sins and bad deeds.

ـ This discrimination was acknowledged by many of the former and present scholars like Ibn 'Abbas, Ibn Mas'ud, Al Hassan, Al Qurtubi, Al Tabari, Ibn Alquayyim, the authority Al Shanquity and other scholars.

ـ Holding a ruler to be an apostate for the mere reason of abandoning the Divine Judgment; makes it incumbent on us to hold all those who disobey any of Allah's Orders or commit any of the impermissible acts to be disbelievers. Therefore, the abandonment must be accompanied by an off-limit act that openly denotes man's disbelief like denial, renunciation, disbelief or allowing the impermissible.

 ـIt is not odd that some sins and bad deeds are described in the texts of the Qur'an and Prophetic Tradition to be disbelief. This is not because they actually betray disbelief, but to show their gravity, and seriousness and to reproach their perpetrators harshly.

ـ Then, the writer summarises the most important issues tackled in this section in the following points:

ـ The verses of judgement in the Chapter of Ma'idah are of decisive significance: the imperativeness of enforcing the judgment sent down by Allah. Yet, they are of probable meaning when it comes to the verdict of those who do not enforce the Divine Judgment.

 ـThough they were revealed for a specific reason, these verses are agreed by most if not all the scholars to be of general religious verdict.

ـ The verses generally deal with all the Muslims – both common Muslims and rulers- who abandon the Divine Judgment.

 ـThe words of "disbelief", "Wrongdoing", and "rebellion" mentioned in these verses denote the minor disbelief and not the flagrant one as it may be thought.

 ـApplying Allah's Judgment is of the sensual acts of worship, the abandonment of any does not lead to man's disbelief. Yet, this renders one's faith less perfect according to the importance of the abandoned obligation. The Sunni and majority of the scholars agreed on this.

 ـAbandoning Allah's judgment is not deemed to be a sign of disbelief unless accompanied by an off-limit sign like disbelieving in the judgement, mocking it and the like.

ـ Saying that the abandonment of the Divine judgment is not a flagrant disbelief does not involve any underestimation of the obligatory nature of enforcing this judgment or belittling any of the aspects of the Islamic Law.

 ـBeing an obligatory act imposed on common Muslims, it is even more important and worthy for the rulers and those in power to enforce Allah's Judgment.

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