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﴿ فَاسْأَلُوا أَهْلَ الذِّكْرِ إِن كُنتُمْ لَا تَعْلَمُونَ ﴾

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Is there evidence in the saying of Allah the Exalted: “They said: We were not among those who prayed,” that the disbeliever is addressed by the rulings of the Shari'ah?

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Question:
He says: Honorable Shaykh, may Allah grant you success, regarding the saying of Allah the Exalted:
(43) They will say, "We were not of those who prayed, (44) Nor did we used to feed the poor.قَالُوا لَمْ نَكُ مِنَ الْمُصَلِّينَ وَلَمْ نَكُ نُطْعِمُ الْمِسْكِينَ
[Al-Muddaththir 74:43-44]
Does this indicate that the disbeliever is addressed by the rulings of the Shari'ah?

Answer:
Yes, and al-Shafi'i and others have cited this as evidence for that position, while the majority hold that he is not addressed. This is a matter of usul al-fiqh (the principles of jurisprudence). The outcome of the disagreement is that the one who says he is addressed states that his punishment is increased beyond that for disbelief; he is punished for disbelief and additionally for abandoning the obligatory acts. The one who says he is not addressed states that he is punished for disbelief, and abandoning the prayer is included in that. Yes.
Source قناة «العلامة الدكتور صالح الفوزان»، [230 -2802] هل في قول الله تعالى: ﴿قالوا لم نكن من المصلين﴾ دليل على أن الكافر مُخاطبٌ بأحكام الشرع؟ — youtube.com

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

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