Is it permissible to distinguish in declaring someone a disbeliever between one who judges in a single case by other than what Allah has revealed and one who has demolished the entire Shari'ah and replaced it with laws?
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Another questioner : There is a question, O Shaykh.
The Shaykh : Please go ahead.
The questioner : A moment... May Allah reward you.
The Shaykh : Listen here,
The questioner : The doubt, may Allah reward you, is what they keep going on about. They say, distinguish between the one who judged in a case out of his own desire and the one who demolished the Shari'ah in its entirety and in detail and made laws a substitute for it. This one changed the religion, but that one did not?
The Shaykh : I continue to say that this one who changed it, if this expression is correct, meaning he established laws in place of the entire Islamic Shari'ah, building the French or Swiss law or whatever, and turned away from Islam completely, the answer is exactly what was mentioned before. If he adopts that out of a heart that considers it permissible, and not out of following his own desires, for example, to preserve his chair, to preserve power, to preserve the presidency, and so on, but Allah the Exalted knows from him that deep in his heart he admits that he is wrong. Now, our brother Abu Fares just now mixed one thing with another. We are now discussing a person's faith, disbelief, and his reckoning with his Lord: who is the disbeliever in the sight of Allah and who is not? The speech on this has already passed. Now, the picture you mentioned just now, which is a doubt that is actually mentioned, we say: the hadith is explicit So if we suppose that these people, deep in their souls, their disbelief is an intellectual disbelief and not a creedal one, but they prevented people from prayer, gathering in the mosques, establishing the rituals of the religion, zakah, and the like, this is open disbelief. We must fight them, and their reckoning is with Allah. So there is a difference between the status of this one who judges by other than what Allah has revealed in the sight of Allah, and the previous detail applies. As for whether we are to rebel against these rulers or not, the answer is in the hadith: So if we see this disbelief, it is permissible for us to rebel.
The Shaykh : Please go ahead.
The questioner : A moment... May Allah reward you.
The Shaykh : Listen here,
The questioner : The doubt, may Allah reward you, is what they keep going on about. They say, distinguish between the one who judged in a case out of his own desire and the one who demolished the Shari'ah in its entirety and in detail and made laws a substitute for it. This one changed the religion, but that one did not?
The Shaykh : I continue to say that this one who changed it, if this expression is correct, meaning he established laws in place of the entire Islamic Shari'ah, building the French or Swiss law or whatever, and turned away from Islam completely, the answer is exactly what was mentioned before. If he adopts that out of a heart that considers it permissible, and not out of following his own desires, for example, to preserve his chair, to preserve power, to preserve the presidency, and so on, but Allah the Exalted knows from him that deep in his heart he admits that he is wrong. Now, our brother Abu Fares just now mixed one thing with another. We are now discussing a person's faith, disbelief, and his reckoning with his Lord: who is the disbeliever in the sight of Allah and who is not? The speech on this has already passed. Now, the picture you mentioned just now, which is a doubt that is actually mentioned, we say: the hadith is explicit
Shall we not fight them? He said: No, as long as you do not see open disbelief.
أفلا نقاتلهم؟ قال: لا ما لم تروا كفرا بواحاAs long as you do not see clear disbelief.
ما لم تروا كفرا بواحا
Source
www.al-albany.com
The Arabic text is copied verbatim from the original source, without any edits.