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﴿ فَاسْأَلُوا أَهْلَ الذِّكْرِ إِن كُنتُمْ لَا تَعْلَمُونَ ﴾

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What is the ruling on one who declares a disbeliever (kafir) absolutely for judging by other than what Allah has revealed?

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Question:
This questioner asks, saying: May Allah reward you. What is the ruling on one who declares a disbeliever (kafir) absolutely for judging by other than what Allah has revealed?

Answer:
This person is mistaken. May Allah protect us from that. He is either misguided or ignorant. He is either misguided or ignorant. One does not declare every person who judges by other than what Allah has revealed to be a disbeliever (kafir). He may be a scholar qualified to derive rulings (mujtahid). If a judge exercises independent legal reasoning (ijtihad) and is correct, he has two rewards. If he makes a mistake, he has one reward. As for the one who made a mistake, did he judge by what Allah revealed or did he err? He erred, and yet he has a reward. There is a distinction in this matter, my brothers. Yes. Go back to the words of the scholars. Do not take the words of these hasty people or those who follow their desires. Yes.
Source قناة «العلامة الدكتور صالح الفوزان»، [194 -308] ما حكم الذي يُكَفِّرُ مطلقاً بالحكم بغير ما أنزل الله؟ - الشيخ صالح الفوزان — youtube.com

The Arabic text is a machine transcription of the audio recording.

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