The Ruling on Declaring a Person an Open Sinner

Question:
The questioner asks: How do we rule that a person is an open sinner (fasiq)? And which is better: refraining from declaring someone an open sinner, or only calling them to repentance?

Answer:
One rules that a person is an open sinner if he commits a major sin. The one who commits a major sin from the major sins is an open sinner. For example, if he drinks intoxicants, commits unlawful sexual intercourse, or steals, he is considered an open sinner. The one who commits a major sin from the major sins is ruled to be an open sinner until he repents to Allah, Glorified and Exalted is He. Yes. The one who persists in a minor sin is a sinner; he is considered a sinner, but he is not an open sinner; he is a sinner. Yes. And Allah the Exalted knows best, and may Allah send prayers and peace upon our Prophet Muhammad and upon his family and companions.