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﴿ فَاسْأَلُوا أَهْلَ الذِّكْرِ إِن كُنتُمْ لَا تَعْلَمُونَ ﴾

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The Shaykh’s question to the student regarding what he says about a ruler who rules with part of the terrestrial law and part of the divine law.

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The Shaykh : The important point is that I say there are two rulers: one rules by the terrestrial law, French, German, and so on, and the other takes things from these laws and takes many, many things from the Shari'ah. So now I repeat the same question: do you distinguish between these two, or is there no distinction?

The questioner: Yes.

The Shaykh : Yes, my brother, leave this to me. Tell me, my brother, do I distinguish? Don’t leave it as it is, tolerating this and tolerating that.

The questioner : They are all outside the religion, but this one is more disbelieving than the first.
The student : The one who adopts a ruling, meaning he rules with part of the man-made laws, while his original basis is ruling by the laws of the Shari'ah, is he outside the religion?

The questioner : ... If he rules ... replacing it with a man-made ruling, he is outside the religion, replacing it and substituting it, making it a man-made ruling, like the obligatory prayer or like stoning, one ruling, as Allah (Glorified and Exalted is He) said, and it is recorded in "Sahih al-Bukhari":
Then those are the disbelievers أُولَئِكَ هُمُ الْكَافِرُونَ
In what state were they that they replaced zina with tahmin?

The Shaykh : My brother, you mean replacing what? Does this necessitate denying the ruling of the Shari'ah, or affirming it? These phrases and words require very precise clarification so that we can say so-and-so is a disbeliever or not. When you say "replaced," do you mean he replaced it believing that Allah’s ruling is wrong and not permissible to adopt, or as we said about one of the judges just now: yes, we acknowledge that Allah’s ruling is the correct one, but I followed my desire? So when you say "replaced," what do you mean? If we go with you, "replaced" means this person is a disbeliever, done.
The student : That he accepted a man-made ruling from ... .

The Shaykh : When you say, my brother ...

The questioner : ... between the judge who replaces ... and the judge who ...

The Shaykh : My brother, we are standing at the word "replaced." What does it mean, my brother? Define your phrases so that we agree and do not disagree. Replacing a ruling with a ruling, a legal ruling with a ruling, what? A Shari'ah ruling? This is merely a replacement that has no relation to intention.

The questioner : He made it binding and made it a law.

The Shaykh : I am asking you, it has no relation to intention.

The questioner : ... I say he made it a law, he made it binding. These two attributes must be attached to "replaced." They must be attached to it.

The Shaykh : My brother, I am asking a question. Why don’t you answer it? The case has no relation to intention.

The questioner : It has no relation.

The Shaykh : It has a relation. We are done with this relation.

The questioner : If he made it binding.

The Shaykh : He made it binding. What does that mean? It means he did not believe in the Shari'ah ruling, and in that case, there is no disagreement.
The student : Our Shaykh, the brother, it appears from his speech that he often distinguishes between the binding law and the single case.
Source www.al-albany.com

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

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