Can a ruler refrain from applying an obligatory Shari'ah ruling for the sake of a certain interest?

The questioner : My teacher, can we cite the saying of the Prophet (peace and blessings be upon him) and his saying and so on, to argue that a ruler may refrain from applying an obligatory Shari'ah ruling at times? And what are its conditions?

The Shaykh : Complete the question. It is incomplete. Because if I tell you "no," then you will end up equating it with what the person in front of you equated. You will impose a condition that was imposed beforehand. Why?

The questioner : In some circumstances, I mean.

The Shaykh : I said "at times." Now, we have changed the word "at times" to the phrase "in some cases." "Stay in your place," and you are a soldier.

The questioner : And this is a problem.

The Shaykh : And this is a problem. Say, for what reason do they want to leave it? Is it permissible for this ruler, based on such a hadith and such a hadith, to refrain from applying the Shari'ah at times? I tell you it is not permissible. But if you mention the reason, I tell you it is permissible. But when you generalize the statement, I tell you it is not permissible. A Muslim ruler...

The questioner : If he fears, for example,

The Shaykh : Yes.

The questioner : If he fears harm.

The Shaykh : Yes, did you see how it is?

The questioner : And what are its conditions?

The Shaykh : Did you see how the condition came in? I am drawing your attention to the fact that your question is deficient and incomplete. "Whoever sees a calamity in another, let him take a lesson from it." He fears fitnah, is that not so?

The questioner : Regarding the... or

The Shaykh : Do not generalize, because each one has its own answer. Stick to this one. This one is permissible. You may attach to it whatever you wish of attached items. It is permissible that there be a second form different from the first form, so you raise it and we answer about it. You are now saying that he fears fitnah. Is he cautious in applying the rulings? All the rulings? So there is nothing left for him but this ruling, and he fears that if he enforces it, and it is a right, a fitnah or a trial will arise against him, and there is absolutely no other transgression from him. The answer is: if this ruler is committed to applying the Shari'ah rulings, but in this specific instance he fears fitnah, it is permissible for him to delay the application of this ruling. The hadith is clear evidence in this matter. But this ruling is exploited by people today for rulers who do not judge by what Allah has revealed. If so, the answer is completely different. The hadith was issued by a ruler who has no like in the world. He feared fitnah, so he delayed the execution of that ruling. They want to apply it to rulers who do not judge by what Allah has revealed. They want to say, "If we apply what Allah has revealed, fitnah will occur." Well, when the Messenger called to Islam, did it not become a fitnah? The Arabs divided into two groups, Muslims and disbelievers, and battles began between the same people, between father and son, and so on. Is this not a fitnah?

The questioner : No.

The Shaykh : It is a fitnah, but a fitnah in the path of Allah. As for those who oppose the Shari'ah rulings, it is not in the path of Allah. Is it permissible or not? Is it clear?

The questioner : It is clear, but the conditions, if they could be clearer, I mean, what are the conditions?

The Shaykh : I have given you the basic condition: that the ruler applies the Shari'ah rulings, but in a specific ruling, he fears that a major harm will result from achieving this interest. In that case, he delays it.