My Critical Reasoning:

Ayah 5:44 (Whoever doesn’t rule by Allah’s Law, is a Kafir) 

What does this mean? The one who doesn’t believe in Allah and His Rasul, is a Kafir, isn’t that what we know already?

yes, that’s true.

Then what about this Kafir? Does it give us another definition of Kafir?

Good question and very thoughtful. Let’s have a critical reasoning of this. A kafir, who is already a kafir, can he be kafir because he doesn’t rule by Allah’s Law? 

No! A kafir rejects Allah, Rasulullah already. Obviously, he won’t follow Allah’s LAW. Therefore, not following Allah’s law cannot be a condition for them to confirm their kufr again, make sense?

Then who Allah talking about in this Ayah? 

Obviously, the Ayah only makes sense when you put ‘Muslim’ ruler in that situation, those ‘Muslims’ who does not rule by Allah’s law and those who choose and enforce kuffar’s law, man-made law over the law of Allah, the Only Law Giver, thus they REJECT Allah’s Law and it is the REJECTION of Allah’s law that makes them Kafir.

And Allah knows best.

But here is the greatest scholar of our time, Shaikh Ibn Uthaimeen, gives the following explanations:

“There is another (narration) from Ibn Abbaas concerning this verse, which explains that the intent is the kufr which does not expel from the religion, as occurs in the saying of the Messenger (sallallaahu alaihi wasallam), “Reviling Muslim is sin (fusooq) and fighting him is kufr (disbelief). And in the view of the some of Mufassiroon, it was actually revealed for the People of the Book, this is because the actual context of the passage is what occurs before”

Alright. Let’s take that context of “it was actually revealed for the People of the Book” into account as a possibility and let’s agree on that and then again make a critical analysis of that too.

Allah says “whosoever does not judge by what Allâh has revealed, such are the Kâfirûn”

Who Allah says will be Kafir?

Jews and Christians.

Why?

Because they don’t Judge by Allah’s LAW while Allah given them TORAH.

So, why they suppose to Judge by Allah’s LAW?

Because they are the people who believed in Allah and Allah gave legislation TORAH to them to follow.

Then, if by not judging by Allah’s law makes Jews and Christians Kafir, then did Allah give a book of Law to Muslims too?

Yes,

Then let me ask you,

if Jews and Christian can be Kafir because they don’t judge by Allah’s Law, then if Muslim do not Judge by Allah’s LAW, doesn’t it apply the same to Muslim too?

  It should. Yes, it’s a simple math!

Of course, it is a simple math while Allah, the ONLY Legislator commanded in many other Ayahs to Judge by Allah’s Law.

La Hawla Wa La Quawwata Illa Billah, how come then such greatest scholar could come up with this argument that “it is a view of some Mufassiroon”? 

We Muslim refer such things to one reason, shaitan.

And Allah knows best.

Any good comes from this, is only from Allah and May Allah, the perpetual forgiver, forgive me for any mistake from me and May Allah protect me from any harm that this may bring to me and May Allah guide me to the truth wherever it is. And May Allah guide these types of Ulema. Amin

إِنَّا أَنزَلْنَا التَّوْرَاةَ فِيهَا هُدًى وَنُورٌ ۚ يَحْكُمُ بِهَا النَّبِيُّونَ الَّذِينَ أَسْلَمُوا لِلَّذِينَ هَادُوا وَالرَّبَّانِيُّونَ وَالْأَحْبَارُ بِمَا اسْتُحْفِظُوا مِن كِتَابِ اللَّهِ وَكَانُوا عَلَيْهِ شُهَدَاءَ ۚ فَلَا تَخْشَوُا النَّاسَ وَاخْشَوْنِ وَلَا تَشْتَرُوا بِآيَاتِي ثَمَنًا قَلِيلًا ۚ وَمَن لَّمْ يَحْكُم بِمَا أَنزَلَ اللَّهُ فَأُولَٰئِكَ هُمُ الْكَافِرُونَ

NOTE:

whoever wants to understand this Ayah in wholistic perspective then please read from here