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﴿ فَاسْأَلُوا أَهْلَ الذِّكْرِ إِن كُنتُمْ لَا تَعْلَمُونَ ﴾

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He spoke about dividing disbelief and hypocrisy into two categories.

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The Shaykh : Disbelief, according to the scholars of the Book and the Sunnah, is divided into two categories, and so is hypocrisy. One category is creedal disbelief and creedal hypocrisy, and the other is practical disbelief and practical hypocrisy. Creedal disbelief is clear from this description; it is creedal disbelief, and its meaning is entirely clear, as it relates to creed. Practical disbelief, however, does not relate to creed but to action. For example, you must have read, or at least heard, his saying (peace and blessings be upon him):
Abusing a Muslim is an outrage and fighting against him is unbelief سباب المسلم فسوق وقتاله كفر
Sahih Muslim 64a
, [the phone rings andThe Shaykh : he answers], yes? So you have heard this hadith, right?

The questioner: Yes, Shaykh

The Shaykh : Well, does this hadith have a clear meaning to you?

The questioner: Yes, Shaykh

The Shaykh : Especially regarding its second part,
And fighting him is disbelief وقتاله كفر
Does this mean that if a Muslim fights a Muslim, he is declared a disbeliever?

The questioner : No.

The Shaykh : Ah, so this term "disbelief" is applied to a Muslim who fights his Muslim brother. Therefore, it is not permissible for us to call this creedal disbelief. So, it is practical disbelief. Does this practical disbelief cause its perpetrator to exit the circle of Islam, or even the circle of faith?

The questioner : No.

The Shaykh : No. Well, this point does not need research because it is clear to you, and praise be to Allah.

The questioner : Praise be to Allah.

The Shaykh : We return to creedal disbelief.

The questioner : Yes.

The Shaykh : And we stop at the same example mentioned earlier. We say: if a Muslim considers it permissible to kill a Muslim, without interpreting the text, if he considers it permissible in his heart and creed to kill a Muslim who testifies that there is no god but Allah and that Muhammad is the Messenger of Allah, [the phone rings] is this practical disbelief or creedal disbelief? Think, and then answer shortly.

The questioner : It is practical disbelief, and if he is not interpreting the text, it is creedal disbelief. And Allah the Exalted knows best.

The Shaykh : Well, so there is practical disbelief and creedal disbelief, and the difference between the two is clear to you. What relates to creed and contradicts the Shari'ah is creedal disbelief. What relates to action, not creed, is practical disbelief, not creedal disbelief. Now, it is easy for us to answer your question. Any person who judges by other than what Allah has revealed, whether in whole or in part—this is impossible, because there must be rulings that align with the Shari'ah and rulings that contradict the Shari'ah; the difference may only be in quantity. Is this clear?

The questioner : Yes.

The Shaykh : Good. In that case, we say that the one who judges by other than what Allah has revealed is either doing so out of creed, in which case he is a disbeliever who has apostatized from his religion, or he is doing so as an action, like any Shari'ah judge who follows his desires and rules contrary to his religion. In that case, his disbelief is practical, not creedal. Is this clear?

The questioner : Yes.

The Shaykh : Good. This is the answer to such a question, and we are asked about it often, and we have answered it often.

The questioner : May Allah bless you. May Allah reward you with good.

The Shaykh : Good. And may Allah bless you.
Source www.al-albany.com

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

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