Question Summary:
Tauheedul Haakimiyyah & Miscellaneous Questions

Question Detail:

 
What is tawheed al hakimiyah? I keep on hearing this term used today, which is used to basically say that obeying other than Allah is shirk, which I can understand and concur with, but how about in everyday life? We are told obeying the law of the land is not from islam, but where is the proof that all of us living in a non-muslim land must obey the law of the land? Based on this principle, the word taghout is also mentioned a lot, what is taghout? We are told that everyone in the west, all the police, all the council workers, all the politicians are all taghout so we must distance ourselves from them, and hate them, as they are an authority to be obeyed other than/in addition to Allah. On this basis we are told if someone takes our right, and the only way we can get it back is by going to a court, where a judge ie a taghout will decide, by doing this we are doing tahakum to taghout, thereby commiting shirk and out of fold of Islam. 
Also on the subject of voting, they say this is also shirk, as we are saying someone else other than Allah now has the right to legislate. 
I have a lot of respect for tablighi jamaat, when I tell them you disagree, they say tablighi jamaat are also deviant as they reject the very notion of shariah and politics in islam and ruling by Shariah. 
Also the verse in the quran, which says to be harsh against disbeleivers and merciful to each other in surat taubah, what does this mean? As people are using this to be rude to people in everyday life, when you tell them abiut hadith/verses of manners, kindness and politeness they say these have been abrogated.

Answer :

In the Name of Allah, the Most Gracious, the Most Merciful.
As-salamu ‘alaykum wa-rahmatullahi wa-barakatuh.
1)     “Tauheed-Ul-Haakimiyyah” is a newly invented term used as a political tool to negate following the law of the land and to enforce the laws of Shariah.[1] “Taaghoot” refers to anything that is worshiped besides Allah which includes the law of the land.[2]
There is a great misconception in the Muslim world today regarding whether or not a Muslim should obey the law of the land or the divine law of Allah.
Whilst it is our desire as Muslims that our constitutions are legislated in accordance to the divine laws of Allah, it is however unfortunate that Muslims are struggling in trying to implement such laws. Majority of the countries of the world are non-Muslim countries in which many Muslims reside. At the same time, Muslims are forced to follow the law of the land of their respective countries.
As Muslims we are bound to follow the laws of Shariah and the laws of the land. Allah mentions in the Quraan:
يَا أَيُّهَا الَّذِينَ آمَنُوا أَطِيعُوا اللَّهَ وَأَطِيعُوا الرَّسُولَ وَأُولِي الْأَمْرِ مِنْكُمْ
O you who have Imaan! Obey Allah, obey the Rasool (messenger of Allah Sallallahu Alaihi Wasallam) and those in command amongst you (Nisaa’ 4-59)
It clear from the above verse that firstly the laws of Allah and his Rasool Sallallahu Alaihi Wasallam should be obeyed. Thereafter the Laws of those that are in command should be obeyed. There remains no issue as long as the laws of those who are in command conforms to laws of Shariah. Muslim minorities living in non-Muslim countries should address the respective authorities of their countries to facilitate their concerns as Muslims or use other avenues that will accommodate their Deeni necessities.
By following those who are in command clearly indicates that they have a right to legislate laws of the land. Therefore, it would be permissible to vote for those that are in command and also obey their laws. However, when voting, the concerns of Muslims should be kept in mind.
Following the laws of the land or those that are in command does not constitute Shirk. The simple reason is that Shirk refers to ascribing partners to Allah and in following the laws of the land there is no ascribing partners to Allah.
2)     The mere fact that the work of Tableegh is the largest propagating network in the world across the globe today is enough to prove its success as it is based on the pure principles of Shariah.  
You should ignore criticisms regarding Tableegh as Nabi Sallallahu Alaihi Wasallam had to bear harder hardships than being critiqued. Sometimes a lion does not answer to the barking noises of a dog.
3)     You are probably referring to the verse in Surah Fath where it is mentioned:
مُحَمَّدٌ رَسُولُ اللَّهِ وَالَّذِينَ مَعَهُ أَشِدَّاءُ عَلَى الْكُفَّارِ رُحَمَاءُ بَيْنَهُمْ
Muhammad (Sallallahu ALaihi Wasallam) is Allah’s Rasool and those with him (the Sahabah Radiallahu Anhum) are stern against the kuffar (disbelievers) yet they are compassionate amongst themselves. (49-29)
Allah speaks about the merits of Sahabah in the above verse that they were stern against the disbelievers yet they were compassionate to one another. It has been proven time and again that they were stern against the disbelievers. They sacrificed all their ethnic and tribal relations for the sake of Islam. This was especially demonstrated on the occasion of Hudaibiyah. The compassion and tenderness of the blessed companions were especially demonstrated when Islamic brotherhood (Mu‘akhat) was created between Muhaajirs (emigrants from Makkah) and Ansar (helpers from Madinah). The Quraan describes this quality of the believers because nothing they practiced whether friendship or enmity, love or hatred was for any selfish reasons. Everything was for the sake of Allah and his messenger and this is the highest degree of perfect faith.
The companions being stern against the disbelievers does not imply that they were never tender towards any disbeliever. In fact it means that wherever Allah and his messenger enjoins them to be stern against the disbelievers, they would simply comply without taking into account the relations of kinship or friendship. As far as kind and equitable dealing with them is concerned, there is a large number of incidents where Allah’s Messenger and the blessed companions displayed their kindness and compassion to the helpless and needy disbelievers. Treating them with justice and equity is the general injunction of Islam. No activity flouting justice and equity is permissible even in the field of pitched battle.[3]
And Allah Ta’ala Knows Best
Ismaeel Bassa
Student Darul Iftaa
Durban South Africa
Checked and Approved by,
Mufti Ebrahim Desai.
www.daruliftaa.net