The person who doesn’t believe in the obligation of ruling what Allāh ﷻ revealed
Ibn Taymīyyah رحمه الله stated:There is no doubt that a person who doesn’t believe in the obligation of ruling with what Allāh revealed to His Messenger (peace and blessings be upon him), that he is a kāfir. And a person who deems it permissible to judge between the people according to what he thinks is justice, without adhering to what was revealed by Allāh, he is a kāfir. Because there is not a nation but enjoys ruling with justice, although justice according to their Dīn is what their leaders consider as such.
But, many who affiliate themselves to Islām, judge with the traditions and customs which were not revealed by Allāh. Such as the customs of the bedouins, which they inherited from their forefathers, who were obeyed Rulers. And they believe that such customs must be applied, excluding the Kitāb and Sunnah, and such beliefs constitute Al-Kufr. There are many people who have accepted Islām, but despite that they don't rule except by the prevailing customs that are commanded by obeyed rulers from among their tribes.
Such people, when they know that it's not permissible to rule by something other than what Allāh has revealed and yet don’t apply it, rather they deem it as lawful to rule by something other than Allāh has revealed, they are kuffār.
منهاج السنة النبوية ٥/١٣٠
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