When is it permissible for a ruler to suspend the implementation of a Shari'ah text?
Machine translationRead the Arabic original
The questioner : I thought this issue would be applied to the issue of declaring a disbeliever (takfir) of one who abandons prayer and to rulers?
The Shaykh : No, we linked the issue of rulers in the answer, and now we are speaking with some detail; as for the issue of abandoning prayer, it was not on my mind, but now something else comes to mind regarding the application of rulings. If he and his people believe, it is not easy for him to become acquainted with the rulings at this speed, because he is not living with the Messenger of Allah (peace and blessings be upon him); therefore, he is not obligated to hasten in applying the rulings that were revealed to the Prophet (peace and blessings be upon him). Rather, it can be said that he should apply what he knows of them. That is the case.
Please, eat.
The questioner : So, my teacher, the disbelief attributed to not applying or judging by the law of Allah the Exalted and Majestic is, as we know, disbelief less than disbelief, practical disbelief, and creedal disbelief, and so on; does this apply to the verse according to this detail?
The Shaykh : Yes, it varies according to the individuals.
The questioner : The ruler may actually be a disbeliever, or he may be a disbeliever in practical disbelief, for example, if he says, "By Allah, we apply what is suitable of the Islamic Shari'ah; we apply the good of the Islamic Shari'ah, and there are rulings that are not suitable for this time?"
Another questioner : This is creedal disbelief.
Al-Halabi : I misspoke.
The questioner : We sometimes hear this from some judges or rulers who say and explicitly state such words.
The Shaykh : Allahu Akbar, if the judges are disbelievers, then the rulers are disbelievers.
The questioner : Yes, of course, we have heard it from people; judges are the most I have actually heard it from.
Another questioner : Judges who wear turbans?
The questioner : No, civil judges, but he feels that this case is contrary to the Shari'ah of Allah the Exalted and Majestic, and he wishes that he could judge by the Shari'ah of Allah. In fact, some civil judges have this feeling and say, "Oh, if only we could apply the Islamic Shari'ah, and we wish for that; but it is not in our hands because we are bound by these texts before us." So what is the ruling on him? He condemns this law that is contrary to the Shari'ah, and if it were in his hands...
The Shaykh : No, we linked the issue of rulers in the answer, and now we are speaking with some detail; as for the issue of abandoning prayer, it was not on my mind, but now something else comes to mind regarding the application of rulings. If he and his people believe, it is not easy for him to become acquainted with the rulings at this speed, because he is not living with the Messenger of Allah (peace and blessings be upon him); therefore, he is not obligated to hasten in applying the rulings that were revealed to the Prophet (peace and blessings be upon him). Rather, it can be said that he should apply what he knows of them. That is the case.
Please, eat.
The questioner : So, my teacher, the disbelief attributed to not applying or judging by the law of Allah the Exalted and Majestic is, as we know, disbelief less than disbelief, practical disbelief, and creedal disbelief, and so on; does this apply to the verse according to this detail?
The Shaykh : Yes, it varies according to the individuals.
The questioner : The ruler may actually be a disbeliever, or he may be a disbeliever in practical disbelief, for example, if he says, "By Allah, we apply what is suitable of the Islamic Shari'ah; we apply the good of the Islamic Shari'ah, and there are rulings that are not suitable for this time?"
Another questioner : This is creedal disbelief.
Al-Halabi : I misspoke.
The questioner : We sometimes hear this from some judges or rulers who say and explicitly state such words.
The Shaykh : Allahu Akbar, if the judges are disbelievers, then the rulers are disbelievers.
The questioner : Yes, of course, we have heard it from people; judges are the most I have actually heard it from.
Another questioner : Judges who wear turbans?
The questioner : No, civil judges, but he feels that this case is contrary to the Shari'ah of Allah the Exalted and Majestic, and he wishes that he could judge by the Shari'ah of Allah. In fact, some civil judges have this feeling and say, "Oh, if only we could apply the Islamic Shari'ah, and we wish for that; but it is not in our hands because we are bound by these texts before us." So what is the ruling on him? He condemns this law that is contrary to the Shari'ah, and if it were in his hands...
Source
www.al-albany.com
The Arabic text is copied verbatim from the original source, without any edits.