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﴿ فَاسْأَلُوا أَهْلَ الذِّكْرِ إِن كُنتُمْ لَا تَعْلَمُونَ ﴾

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Is it valid to distinguish between the minor imamate and the major imamate according to the scholars of Najd?

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The student : There is no doubt that the shaykhs among us in Najd distinguish between the major imamate and the minor imamate. They consider what they have to be the minor imamate, represented by King Fahd. However, regarding your detailing of the minor imamate, it is not like the major imamate. The imam or the caliph has the authority to flog and take your wealth, and you must obey him. We do not say that this is permitted for him, but if he does this, he is obeyed. They implement this order in the minor imamate. So I see, or it seems to me, that they are applying the conditions of the major imamate in the minor imamate.

The Shaykh : Practically, it is like that.
The student : Practically, it is like that, yes...

The Shaykh : Yes, it is... the major one.
The student : ... .
Another student: No, he considers this to be the major imamate.
The student: No...
Another student: But they consider this to be the major imamate that they are in now. Perhaps the Shaykh understands what I mean.

The Shaykh : What are you talking about? That they consider this pledge of allegiance that they direct to the rulers... to be the major one? We say that they consider it so. If we want to say that they consider it so, there should be a writing or a tape of theirs, because what fairness requires is that we say, as we said earlier, practically it is like that.
The student: Yes.

The Shaykh : Always, their elders and their juniors say that it is obligatory to obey the one in authority. I was asked a few days ago, and by Allah, I forgot what the question was. It was from Saudi Arabia itself. It would have been good to remember what the issue was. Yes, I was asked about... the question was about an equal share in wealth in a project. One of them works in this project for the owner of the company. Is it permissible for him to take an increase over the profit he is entitled to in return for his partnership? Not the profit he is entitled to in return for his partnership in the wealth, but is it permissible for him to take an increase in return for his effort in the capital and the work?

The questioner : Yes, the equivalent of the work, meaning he says.

The Shaykh: Yes.
The student : The equivalent of his work.

The Shaykh : The equivalent of his work. Of course, I have long held the view that it is permissible for him to do so, and there is absolutely no prohibition in the Shari'ah. Even though some jurists prohibit this, I said that it is permissible. I mentioned that some of them came to me saying, "No, it is not permissible to combine the two profits: the profit of the capital and the profit of the effort." So I researched it with him for a long time. Finally, he said, "And if the one in authority does not consider this permissible, is it permissible to disobey him?"
The student : Yes, yes, yes.

The Shaykh : I told him the following detail: If the one in authority is a scholar in the known sense among us, meaning by the Book and the Sunnah, and he exerted effort behind this opinion, it is not permissible to disobey him. And if he is not a scholar, but he has a council of scholars from the people of knowledge, and they issued a ruling for him, then it is not permissible to disobey him. But if he is neither this nor that, then it is permissible.
The student : May Allah reward you with good.

The Shaykh : So my point is that they always say, "This is the opinion of the one in authority; it is not permissible to disobey the one in authority." My brother, not every one in authority is such that it is not permissible to disobey him. He must first be pledged allegiance to, and second, he must be a scholar. If he is not a scholar, then at least he must have a committee of scholars. He does not move or proceed to do anything except by the opinion of the council, despite the actions there now.
The student : ... They say pledge of allegiance. He says pledge of allegiance.
Another student: The second condition has not been met.
The student : The second conditions have not been met.
Another student: O Shaykh, allow me to put this for you.
Source www.al-albany.com

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

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