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﴿ فَاسْأَلُوا أَهْلَ الذِّكْرِ إِن كُنتُمْ لَا تَعْلَمُونَ ﴾

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Who is the one who rules that a person is a disbeliever?

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Question:
He says: Honorable Shaykh, may Allah grant you success, who is the one who rules with takfir (declaring someone a disbeliever) against a person?

Answer:
It is the people of knowledge and insight who know the rulings and place them in their proper positions. It is not the common people, nor those who pretend to be scholars, nor the people of desires. Rather, those who rule with this are the people of knowledge and insight. Yes, they rule that a specific person is a disbeliever after his faith. It is necessary to have people of knowledge and insight. For a specific individual, it is necessary to establish the proof against him before the judge, because he may have an excuse. He may be interpreting the text. It is not permissible to declare a specific person a disbeliever except before the judge in the Shari'ah court. As for the general statement, it is said: whoever does such-and-such is a disbeliever; whoever does such-and-such, whoever calls upon other than Allah, whoever associates partners with Allah, whoever slaughters for other than Allah, he is a disbeliever. The general statement, yes, one is declared a disbeliever by the general statement. But the specific individual, no, he is not declared a disbeliever except before the judge, because he may have an excuse, he may be ignorant, he may be coerced, he may have an excuse. So this is necessary before the ruler. Yes.
Source قناة «العلامة الدكتور صالح الفوزان»، [519 -1024] من الذي يحكم على الشخص بالكفر؟ - الشيخ صالح الفوزان — youtube.com

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

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