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﴿ فَاسْأَلُوا أَهْلَ الذِّكْرِ إِن كُنتُمْ لَا تَعْلَمُونَ ﴾

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The ruling on one who enacts laws that contradict the Shari'ah of Allah

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The questioner : So what do you say about one who enacts legislative laws while knowing Allah's ruling and knowing that these laws contradict Allah's ruling? What is the ruling? He enacts laws for people to follow. Yes, is he a disbeliever or not? Yes, what do you say?

The Shaykh : This is legislation, because a ruling is a judgment in a specific case, but this is legislation, meaning he has replaced the Shari'ah of Allah.

The questioner : Let Abdullah speak.

The Shaykh : In the case of the law he enacted, he thereby becomes a disbeliever, because we know that he did not accept this law over the Shari'ah of Allah except while believing that it is what? Better for the country and the people. So this makes him a disbeliever. And when we say he is a disbeliever, we mean that this act leads to disbelief, but the one who enacted it may be excused. The one who enacted it may be excused, for example, if he was deceived. It might be said, for instance, that this does not contradict Islam,

The questioner : Yes.

The Shaykh : or that this is among the unrestricted public interests, or that this has such and such, or that this is among the matters in which Islam returned the judgment to people. As some scholars, though they are extremely wrong, say that the issue of transactions has no place for Islam; it returns to what suits the economy in each time according to its needs. So if the situation requires that we establish banks with riba (usury or interest), let it be, there is nothing wrong. If the situation requires that we impose taxes or the like on people, there is no obstacle. But this is undoubtedly an error, an error, an error, an error. And these are mistaken. If they were exercising independent legal reasoning, may Allah forgive them. But if they were not exercising independent legal reasoning, and they were scholars of the state, not scholars of the religion, then this is a great danger. And the correct position, of which there is no doubt, is that the Shari'ah came to regulate worship, which is the relationship of a person with his Lord, and to regulate transactions, which is the relationship of a person with creation, whether in contracts, marriages, inheritances, in everything, in personal status and others. So the Shari'ah is complete
This day I have perfected for youالْيَوْمَ أَكْمَلْتُ لَكُمْ
[Al-Ma'idah 5:3]
as a religion. And, glory be to Allah, how can we not say that transactions are from the Shari'ah? And the longest verse in the Qur'an was revealed

The questioner : in transactions.

The Shaykh : Yes, can we say it this way? We say that in financial transactions, the Shari'ah has a role, and Allah the Exalted revealed in them the longest verse in His Book. This is something no sane person who knows what he is saying can say. And if it were not for the system of the Shari'ah, people would have been corrupted.
Source قناة «فضيلة الشيخ محمد بن صالح العثيمين»، 873- حكم من وضع قوانيين تخالف شرع الله / كتاب التوحيد/ابن عثيمين/مشروع كبار العلماء — youtube.com

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

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