What is the difference between the one who established these man-made rules and the one who rules by them without having established them?
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The questioner : What is the difference between the one who establishes...
The Shaykh : Yes
The questioner : and the one who
The Shaykh : Yes
The questioner : ruled in a case or two cases...?
The Shaykh : Yes, the difference between them is that the one who legislated what he legislated, but he holds that this is the Shari'ah, that this legislation is better than the first, better than the Qur'an and the Sunnah. This is the difference.
The questioner : And he believes in his heart that the Shari'ah of Allah is better, but this is with regard to... out of pursuit of his own desires.
The Shaykh : No, never, no, never. In any case, if he believes that the Shari'ah of Allah is better, we say: why did he make this, which is general? This
The questioner : is the same as the one who ruled in the case.
The Shaykh : No, no, this is a specific case regarding a specific person.
The questioner : ... unless he deems it permissible.
The Shaykh : How?
The questioner : I mean, how is one case different from two cases, and how are three different from two, and so on?
The Shaykh : Yes, yes, very well. This is it. We say the difference between them is that the one who made that a general law made it a Shari'ah to be followed, whereas this one chose to rule by other than what Allah the Exalted and Majestic revealed for a specific matter, and he believes it is better. We said: if he believes it is better, or equal, or that it is permissible to deviate from it, this is known. But we say that this man ruled for this man either to favor a relative, for the benefit of the one being ruled in favor of, or to harm the one being ruled against. This is what we can say is a disbeliever, meaning he believes the Shari'ah is the Shari'ah, but for the sake of this desire he ruled. We say this is an open sinner or a wrongdoer only. Yes.
The student: And if he did not believe, for example, that... the Khawarij declared the Muslims disbelievers simply because they declared them disbelievers, so how...
The Shaykh : Yes, yes, there is no problem.
The questioner : I mean, even if they did not believe.
The Shaykh : Never, as long as he made this a law that must be followed, there is no doubt that he made himself an equal to Allah.
The Shaykh : Yes
The questioner : and the one who
The Shaykh : Yes
The questioner : ruled in a case or two cases...?
The Shaykh : Yes, the difference between them is that the one who legislated what he legislated, but he holds that this is the Shari'ah, that this legislation is better than the first, better than the Qur'an and the Sunnah. This is the difference.
The questioner : And he believes in his heart that the Shari'ah of Allah is better, but this is with regard to... out of pursuit of his own desires.
The Shaykh : No, never, no, never. In any case, if he believes that the Shari'ah of Allah is better, we say: why did he make this, which is general? This
The questioner : is the same as the one who ruled in the case.
The Shaykh : No, no, this is a specific case regarding a specific person.
The questioner : ... unless he deems it permissible.
The Shaykh : How?
The questioner : I mean, how is one case different from two cases, and how are three different from two, and so on?
The Shaykh : Yes, yes, very well. This is it. We say the difference between them is that the one who made that a general law made it a Shari'ah to be followed, whereas this one chose to rule by other than what Allah the Exalted and Majestic revealed for a specific matter, and he believes it is better. We said: if he believes it is better, or equal, or that it is permissible to deviate from it, this is known. But we say that this man ruled for this man either to favor a relative, for the benefit of the one being ruled in favor of, or to harm the one being ruled against. This is what we can say is a disbeliever, meaning he believes the Shari'ah is the Shari'ah, but for the sake of this desire he ruled. We say this is an open sinner or a wrongdoer only. Yes.
The student: And if he did not believe, for example, that... the Khawarij declared the Muslims disbelievers simply because they declared them disbelievers, so how...
The Shaykh : Yes, yes, there is no problem.
The questioner : I mean, even if they did not believe.
The Shaykh : Never, as long as he made this a law that must be followed, there is no doubt that he made himself an equal to Allah.