Whoever Permits the Forbidden or Forbids the Lawful
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Fatwa No. ( 2204 ):
Q: A dispute has arisen among our Muslim brothers in Turkey regarding this hadith: “Whoever permits the forbidden or forbids the lawful has committed disbelief.” Is the one who permits the forbidden or forbids the lawful considered a disbeliever or a sinner? What is the meaning of the word “disbelief” in the hadith, or is there no difference between it and the word “disbeliever”? We ask Your Eminence for a convincing, sufficient, and satisfying answer regarding this hadith.
A: First : We are not aware of any source for this hadith, nor do we know of any recognized imam who has narrated it, neither with a valid nor a weak chain of transmission, so it is not to be relied upon given the situation described. Second: If a Muslim contradicts a ruling established by an explicit text from the Book and the Sunnah that admits no figurative interpretation and leaves no room for independent legal reasoning, or contradicts a definitive, established scholarly consensus—and the correct ruling has been made clear to him—then if he accepts it, praise be to Allah. But if he refuses after the explanation and the establishment of the proof, and persists in changing the ruling of Allah, he is declared a disbeliever and treated as an apostate from the religion of Islam. An example of this is one who denies the five daily prayers or one of them, or the obligation of fasting, or zakah, or Hajj, and offers a figurative interpretation of the texts from the Book and the Sunnah that indicate them, disregarding the consensus of the Muslim community. And if he contradicts a ruling established by evidence
that is disputed in its authenticity, or that is open to figurative interpretation with different meanings and opposing rulings, then his contradiction is a disagreement on a matter of independent legal reasoning. He is not declared a disbeliever; rather, the one who errs in this is excused and rewarded for his independent legal reasoning, and the one who hits the truth is praised and rewarded twice: once for his independent legal reasoning and once for his correctness. An example of this is one who denies the obligation of reciting Surat al-Fatihah for the one praying behind the imam, and one who affirms its obligation for him. And one who disagrees on the ruling regarding the people of the deceased preparing food and gathering people for it, saying: “It is recommended,” or saying: “It is permissible,” or: “It is disliked but not forbidden.” Such a person is not to be declared a disbeliever, nor is it to be denied to pray behind him, nor is it forbidden to marry his daughter, nor is it forbidden to eat from his slaughter. Rather, it is obligatory to advise him and discuss it with him in light of the evidence of the Shari'ah; because he is a Muslim brother who has the rights of Muslims. The disagreement in this issue is a disagreement on a secondary matter of independent legal reasoning, similar to what occurred in the time of the Companions (may Allah be pleased with them) and the imams of the Salaf, and they did not declare each other disbelievers, nor did they boycott each other. And success is from Allah. And may Allah send prayers and blessings upon our Prophet Muhammad, his family, and his Companions.
Source
www.alifta.gov.sa
The Arabic text is copied verbatim from the original source, without any edits.