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﴿ فَاسْأَلُوا أَهْلَ الذِّكْرِ إِن كُنتُمْ لَا تَعْلَمُونَ ﴾

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The methodology of the Tahrir Party in adopting opinions and statements on issues in which scholars have disagreed

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The Shaykh : And one of their tragedies in reality, in my view, is that if a party member has not adopted a secondary opinion—for example, they hold that the Muslim woman votes and is elected—then if one of them discusses this with them and rejects the opinion, he is expelled. And among their serious issues is that every opinion stated by a scholar of the Muslims, no matter how far it is from the truth, no matter how much it contradicts the evidence of the Sunnah and the Book, is an Islamic opinion; that is, it is permissible to adopt it, and the brother does so. And they proceed on this basis. This is a principle they establish to justify what? Their scientific conduct.

The questioner : Is this written in their texts?

The Shaykh : Yes, this is written. The issue that every opinion stated by a scholar is an Islamic opinion is written in their texts.

The questioner : In which book?

Another questioner : There was a discussion with al-Da'ur, between you and al-Da'ur.

The Shaykh : By Allah, the discussions were many, Shaykh Ahmad. I do not remember. I remember al-Da'ur; we met in al-Rusayfah? Al-Rusayfah. But I remember a discussion that took place in prison regarding this very article. I did not read it in a book, or in a bulletin—what do they call it here? A special bulletin among themselves. So I knew from my previous studies that this is their opinion, but I did not know that they made it a system and a guide for the community until I was in prison, and that it is written in their special bulletin. So a discussion took place between me and one of them, who is my compatriot. I said to him: "So what is your opinion regarding these intoxicants, with their many types and names? Are you not with us that, as he (peace and blessings be upon him) said:
Every intoxicant is Khamr (wine) and every Khamr is unlawful. كلُّ مُسكر خمر ، وكلُّ خمر حرام
Sunan Ibn Majah 3390Hasan (Darussalam)
?" He said: "Yes." I said to him: "Do you have no doubt at all?" He said: "No, the matter is clear." I said to him: "But some of the great, great scholars of the Muslims hold the opposite of what this hadith states; that is, they hold that the intoxicant derived from grapes, whether little or much, is forbidden. But what did I say?"

The questioner : The intoxicant derived.

The Shaykh : As for the intoxicant, I fear I made a mistake, sister, that error.

The questioner : That you alerted me to.

The Shaykh : As for the intoxicant derived from other than grapes, its much is forbidden, but its little is not forbidden. And the "much" is that which intoxicates. So if a person drinks until he becomes intoxicated from the intoxicants derived from other than grapes, that is the forbidden thing. But if he drinks a small cup or two cups and does not become intoxicated, that is lawful. I said to him: "And you say that the ruler also—this is a second danger—the Muslim ruler eliminates disagreement. So if he adopts an opinion, it becomes obligatory for all Muslims to submit to this opinion. And this, I think you remember now, the Islamic books use this weapon and place it in the wrong place."

The questioner: Correct.

The Shaykh : Note...

The questioner : ... .

The Shaykh : This is a very, very serious matter.

The questioner : Very dangerous, and I hope that you write about it or speak about it.

The Shaykh : I wish I could, but as for speaking, let us speak. As for devoting myself to writing on such issues, unfortunately, I am unable to. The point is, they say that if the ruler adopts an opinion, he eliminates disagreement and submission to it becomes obligatory. I said to him: "So if a Muslim ruler comes and adopts an Islamic opinion, saying: 'The much of the intoxicant from other than grapes is forbidden, and the little is lawful,' and on this basis, it is permissible to sell it—other than grape wine—then we classify the goods: wine from grapes, the sale and purchase of which is forbidden, and drinking a drop of it; but the intoxicant derived from barley, from corn, from such and such, its ruling is different, and whoever drinks from it and does not become intoxicated, that is permissible and lawful. Will you adopt this opinion, so-and-so, if the Muslim ruler adopts it?" He said: "Yes." I said to him: "Where do you put his (peace and blessings be upon him) saying:
A creature is not to be obeyed when it involves disobedience to the "Creator.” لا طاعة لمخلوق في معصية الخالق
Mishkat al-Masabih 3696
? Do you know how this hadith was interpreted? Something strange. He said: 'There is no obedience to a created being in disobedience to the Creator.' Disobedience that the one obeyed believes is disobedience, not the one obeying. Do you understand? That is, if the ruler orders you to do something and the ruler himself believes it is forbidden, then it is not permissible for you to obey him; it is forbidden. But if he orders you to do something he considers permissible and lawful, and it is forbidden for you, then it is lawful for you. Matters that shake Islam from its root and foundation. And may Allah keep us safe from them. This is his thought and these are his opinions. And we ask Allah for safety."
Source www.al-albany.com

The Arabic text is copied verbatim from the original source, without any edits.

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