Obedience to the Ruler in Matters of Disagreement
Machine translationRead the Arabic original
The questioner:
And what about matters in which there is disagreement? If a student of knowledge holds that a certain matter is forbidden, and then a ruling comes from the ruler, and there is disagreement among the scholars on the issue—some hold it permissible and others hold it forbidden—and the ruler adopts the opinion that it is permissible, if the matter in question...
The Shaykh:
If the matter in question contradicts the Book and the Sunnah, there is no obedience to a created being in disobedience to the Creator. However, if the opposing opinion does not amount to contradicting the Book and the Sunnah, the matter is broad. Allah, Glorified and Exalted is He, said:[An-Nisa 4:59] First, we must refer to the Book and the Sunnah. We accept what agrees with the Book and the Sunnah, and we leave what contradicts them. This is the rule Allah has established for us, and we follow it in every time and place. Yes.
The questioner:
So, does the disagreement cease in this case, if the matter is open to independent legal reasoning?
The Shaykh:
If the matter is open to independent legal reasoning and neither opinion is stronger, if one opinion is stronger, we adopt the stronger position based on evidence and leave the weaker position that contradicts the evidence. However, if the matter has not been clarified in terms of jurisprudential disagreement, and the evidence has not been clarified regarding which side it supports, the matter is broad. You may adopt any opinion that does not contradict the evidence and whose contradiction of the evidence has not become apparent to you; it is one of the scholars' opinions, and there is no harm in it. If the ruler adopts an opinion that does not contradict the evidence and whose contradiction of the evidence has not become apparent, he is to be obeyed in this to cut off the disagreement. Yes.
The presenter:
May Allah reward you with good,
And what about matters in which there is disagreement? If a student of knowledge holds that a certain matter is forbidden, and then a ruling comes from the ruler, and there is disagreement among the scholars on the issue—some hold it permissible and others hold it forbidden—and the ruler adopts the opinion that it is permissible, if the matter in question...
The Shaykh:
If the matter in question contradicts the Book and the Sunnah, there is no obedience to a created being in disobedience to the Creator. However, if the opposing opinion does not amount to contradicting the Book and the Sunnah, the matter is broad. Allah, Glorified and Exalted is He, said:
And if you disagree over anything, refer it to Allah and the Messenger
فَإِن تَنَازَعْتُمْ فِي شَيْءٍ فَرُدُّوهُ إِلَى اللَّهِ وَالرَّسُولِThe questioner:
So, does the disagreement cease in this case, if the matter is open to independent legal reasoning?
The Shaykh:
If the matter is open to independent legal reasoning and neither opinion is stronger, if one opinion is stronger, we adopt the stronger position based on evidence and leave the weaker position that contradicts the evidence. However, if the matter has not been clarified in terms of jurisprudential disagreement, and the evidence has not been clarified regarding which side it supports, the matter is broad. You may adopt any opinion that does not contradict the evidence and whose contradiction of the evidence has not become apparent to you; it is one of the scholars' opinions, and there is no harm in it. If the ruler adopts an opinion that does not contradict the evidence and whose contradiction of the evidence has not become apparent, he is to be obeyed in this to cut off the disagreement. Yes.
The presenter:
May Allah reward you with good,
Source
قناة «العلامة الدكتور صالح الفوزان»، محاضرات في العقيدة والدعوة-003-اجتماع الكلمة وأثره في دفع الفتن|صالح الفوزان|كبار العلماء — youtube.com (56:30)
The Arabic text is a machine transcription of the audio recording.