The ruling on one who declares the ruler in Algeria a disbeliever and says that everyone who rules by general legislation is a disbeliever
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The questioner : A follow-up to the issue of the youth. Now, Shaykh, for example, in many areas—not all areas, but many areas—people are still delving into major issues that are beyond them, such as, Shaykh, takfir (declaring someone a disbeliever), general legislation, and specific takfir. These issues, Shaykh, they may take a fatwa from you and then apply it to the ruler in this way, which is not correct. Yes, indeed. And when you say, "My brother, the Shaykh did not say that," he tells you, "But Shaykh Ibn Uthaymeen, for example, in his books, said that, for instance, general legislation is ruling by other than what Allah revealed, so he is a disbeliever, without distinction." And now, this ruler of ours does not rule by what Allah revealed, so he is a disbeliever. Did you understand the issue, Shaykh? Good. Yes, indeed. So what is your advice to these people, since they have clung to this fatwa?
The Shaykh : I say, may Allah bless you: judging an issue by the ruling that applies to it is different from judging a specific person.
The questioner : Yes.
The Shaykh : So what is your opinion of the one who says, "O Allah, You are my slave and I am your Lord"? Is he a disbeliever? And what about the one who erred out of extreme joy?
The questioner : No, it is not permissible for you.
The Shaykh : (peace and blessings be upon him) is not a disbeliever, because the word is a word of disbelief, kufr. And what is your opinion of the one who said to his family, "If I die, burn me and throw me into the sea, for if Allah had willed it, He would have punished me with a punishment that He does not inflict on anyone in the worlds"? Is he a disbeliever or not?
The questioner : A disbeliever. He complained about Allah's decree.
The Shaykh : But the man interpreted it out of fear of Allah. So the important thing is that it is obligatory for students of knowledge to know the difference between ruling on an issue as an issue, and then looking at the specific ruler. Because the specific ruler may have among the bad scholars those who confuse matters for him. And most of the rulers of the Muslims today do not have knowledge of the Shari'ah. So someone comes and confuses them, and another confuses them. Have you seen that some of the respected scholars of the Muslims said that all matters of life have no place for Shari'ah intervention? They compared it, or it was confused for them, with the saying of the Messenger (peace and blessings be upon him) the world. He said, "These are men who are not righteous. But it was confused for them. And if they had examined the matter, they would have found that this is regarding factories, manufacturing, and the like, because the Messenger spoke about pollinating the date palms,
The questioner : Oh, Lord.
The Shaykh : and they are more knowledgeable about it. Because the Messenger (peace and blessings be upon him) came from Makkah, where there were no date palms or anything, and he did not know about it. So when he saw these people climbing up to the male palm and bringing its pollen, then to the female palm and pollinating it, which involved effort and work, he said, "I do not think that will benefit anything." So they left it for a year, and the fruit spoiled. They came to him and said, "O Messenger of Allah, the fruit has spoiled." He said, "You are more knowledgeable about the affairs of your worldly life, not the judgments of your worldly life, but the affairs of your worldly life." So people are confusing things now. Have you not seen that some scholars in some lands have permitted investment riba (usury or interest)? We answer him.
The questioner : Yes, indeed.
The Shaykh : And he said that the forbidden riba is exploitative riba. And he compared it to the saying of Allah the Exalted[Al-Baqarah 2:279-280] ignorant of the rulings of the Shari'ah, and such a scholar came to him. Does he have any sin on him?
The questioner : And nothing.
The Shaykh : Therefore, we do not declare the rulers disbelievers when they do what makes a person a disbeliever, until we establish the proof against them. Yes, indeed.
The questioner : And who establishes it, Shaykh? Who establishes it, Shaykh?
The Shaykh : As long as the proof is not established, we do not declare them disbelievers.
The questioner : For your listening, Shaykh, in Ramadan you said, "Except that you see," meaning the vision. I said, Shaykh, as I recall, you meant a vision like the vision of the eye.
The Shaykh : Yes, this
The questioner : means we want an explanation of it from the beginning.
The Shaykh : meaning we know with certainty, like the light of the sun, clear and explicit disbelief with no possibility of doubt.
The questioner : There is disagreement among them.
The Shaykh : And what about?
The Shaykh : I say, may Allah bless you: judging an issue by the ruling that applies to it is different from judging a specific person.
The questioner : Yes.
The Shaykh : So what is your opinion of the one who says, "O Allah, You are my slave and I am your Lord"? Is he a disbeliever? And what about the one who erred out of extreme joy?
The questioner : No, it is not permissible for you.
The Shaykh : (peace and blessings be upon him) is not a disbeliever, because the word is a word of disbelief, kufr. And what is your opinion of the one who said to his family, "If I die, burn me and throw me into the sea, for if Allah had willed it, He would have punished me with a punishment that He does not inflict on anyone in the worlds"? Is he a disbeliever or not?
The questioner : A disbeliever. He complained about Allah's decree.
The Shaykh : But the man interpreted it out of fear of Allah. So the important thing is that it is obligatory for students of knowledge to know the difference between ruling on an issue as an issue, and then looking at the specific ruler. Because the specific ruler may have among the bad scholars those who confuse matters for him. And most of the rulers of the Muslims today do not have knowledge of the Shari'ah. So someone comes and confuses them, and another confuses them. Have you seen that some of the respected scholars of the Muslims said that all matters of life have no place for Shari'ah intervention? They compared it, or it was confused for them, with the saying of the Messenger (peace and blessings be upon him)
You are more knowledgeable about the affairs
أنتم أعلم بأمورThe questioner : Oh, Lord.
The Shaykh : and they are more knowledgeable about it. Because the Messenger (peace and blessings be upon him) came from Makkah, where there were no date palms or anything, and he did not know about it. So when he saw these people climbing up to the male palm and bringing its pollen, then to the female palm and pollinating it, which involved effort and work, he said, "I do not think that will benefit anything." So they left it for a year, and the fruit spoiled. They came to him and said, "O Messenger of Allah, the fruit has spoiled." He said, "You are more knowledgeable about the affairs of your worldly life, not the judgments of your worldly life, but the affairs of your worldly life." So people are confusing things now. Have you not seen that some scholars in some lands have permitted investment riba (usury or interest)? We answer him.
The questioner : Yes, indeed.
The Shaykh : And he said that the forbidden riba is exploitative riba. And he compared it to the saying of Allah the Exalted
(279) And if you do not, then be informed of a war [against you] from Allah and His Messenger. But if you repent, you may have your principal - [thus] you do no wrong, nor are you wronged. (280) And if someone is in hardship, then [let there be] postponement until [a time of] ease. But if you give [from your right as] charity, then it is better for you, if you only knew.
فَلَكُمْ رُءُوسُ أَمْوَالِكُمْ لَا تَظْلِمُونَ وَلَا تُظْلَمُونَ وَإِن كَانَThe questioner : And nothing.
The Shaykh : Therefore, we do not declare the rulers disbelievers when they do what makes a person a disbeliever, until we establish the proof against them. Yes, indeed.
The questioner : And who establishes it, Shaykh? Who establishes it, Shaykh?
The Shaykh : As long as the proof is not established, we do not declare them disbelievers.
The questioner : For your listening, Shaykh, in Ramadan you said, "Except that you see," meaning the vision. I said, Shaykh, as I recall, you meant a vision like the vision of the eye.
The Shaykh : Yes, this
The questioner : means we want an explanation of it from the beginning.
The Shaykh : meaning we know with certainty, like the light of the sun, clear and explicit disbelief with no possibility of doubt.
The questioner : There is disagreement among them.
The Shaykh : And what about?
Source
قناة «فضيلة الشيخ محمد بن صالح العثيمين»، 06- حكم من يكفر الحاكم في الجزائر ويقول كل من يحكم بالتشريع العام كافر #ابن_عثيمين — youtube.com
The Arabic text is a machine transcription of the audio recording.