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﴿ فَاسْأَلُوا أَهْلَ الذِّكْرِ إِن كُنتُمْ لَا تَعْلَمُونَ ﴾

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What is the criterion for declaring someone a disbeliever regarding ruling by other than what Allah revealed and ruling by those who enact man-made laws?

Machine translationRead the Arabic original
The questioner : ... So this ruler who established it...

The Shaykh : The one who enacted the law, meaning he replaced the Shari'ah of Allah with this law.

The questioner : And this...

The Shaykh : No, no, absolutely not. The Shari'ah is contrary to what you said, but he ruled out of his own desire, just as a person, have you seen a person, for example, if he commits zina, or strikes someone without right, he believes that it is forbidden and that aggression against others is prohibited, but in his heart he has a desire, and may Allah protect us, to enjoy intercourse, and he wants to strike this man because there is enmity between them. Do we say this person is a disbeliever?

The questioner : No.

The Shaykh : It is like this, like this person. He is now doing an act that he believes is forbidden. He did not say, "By Allah, this is lawful and it is permissible for me to wrong this man."

The questioner : The ruler is likewise; he does not believe it is lawful.

The Shaykh : But.

The questioner : But he treated it as permissible.

The Shaykh : The one who enacted the law?

The questioner : Yes.

The Shaykh : No, no.

The questioner : And if you asked him, he would say, "I was overcome by my affair."

The Shaykh : No, absolutely not. Even if he said that, if he were a valid ruler, he would change it. And they do not know this; rather, some of them openly state, and may Allah protect us, that Islamic ruling is not suitable now. In fact, they say this either with their tongues or with their actions.
Source alathar.net

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

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