regarding the obligation of the ruler to follow a scholar's statement, whether it is binding or not, and the meaning of obligation?
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The questioner : If a scholar obliges the people to his statement and he sees that it is in the public interest,
The Shaykh : Yes
The questioner : There is another opinion.
The Shaykh : No, it is the scholar who is not obliged. If the ruler obliges the people to a statement, it is binding, meaning, for example, if the ruler obliges the people to a statement he believes is in the public interest to oblige them with, he has the right to do so. But as for the scholar among the scholars, no. He makes the ruler's obligation of a statement, if it also has a basis in the evidence, fall under the category of[An-Nisa 4:59]. But if it contradicts the evidence, he is not obliged to enforce it.
The questioner : Obligation may be by the tongue of speech, where he commands them, saying, "This is the statement, follow it; there is benefit in it." It may be by the tongue of action, where he writes books on this and speaks about it, and...
The Shaykh : This is not obligation. When a person prefers a statement, brings the evidence, and refutes the opinions of those who disagree, this is not considered obligation. Obligation means, "If you do not do it, we will force you to do it by compulsion." Yes.
The Shaykh : Yes
The questioner : There is another opinion.
The Shaykh : No, it is the scholar who is not obliged. If the ruler obliges the people to a statement, it is binding, meaning, for example, if the ruler obliges the people to a statement he believes is in the public interest to oblige them with, he has the right to do so. But as for the scholar among the scholars, no. He makes the ruler's obligation of a statement, if it also has a basis in the evidence, fall under the category of
obey Allah and obey the Messenger and those in authority among you
أطيعوا الله وأطيعوا الرسول وأولي الأمر منكمThe questioner : Obligation may be by the tongue of speech, where he commands them, saying, "This is the statement, follow it; there is benefit in it." It may be by the tongue of action, where he writes books on this and speaks about it, and...
The Shaykh : This is not obligation. When a person prefers a statement, brings the evidence, and refutes the opinions of those who disagree, this is not considered obligation. Obligation means, "If you do not do it, we will force you to do it by compulsion." Yes.