Explaining the Defectiveness of the Methodology of the Tahrir Party in Adopting Legal Rulings

The Shaykh : And one of their tragedies in reality, in my view, is that if a party member has not adopted a secondary opinion that settles a matter—for example, they hold that the Muslim woman votes and is elected—then if someone discusses this with them and rejects the opinion, they expel him from their ranks. Among their serious issues is that every opinion stated by a scholar of the Muslims, no matter how far it is from the truth, no matter how much it contradicts the evidence of the Sunnah and the Book, is considered an Islamic opinion, meaning it is permissible to adopt it and act upon it. So they proceed on this basis, and this is a principle they establish to justify what? Their scientific conduct.

The questioner : Is this written in their texts?

The Shaykh : Yes, this is written. The issue that every opinion stated by a scholar is an Islamic opinion is written in their texts.
The student : There was a discussion with al-Da'ur...

The Shaykh : ...many discussions, Shaykh Ahmad, I do not remember. I remember al-Da'ur; we met in Rusaifah, but I remember the discussion that took place in prison regarding this same article. I did not read this article in their book; it is in a bulletin, what do they call it here, a special bulletin among them. So I knew from my previous studies that this is their opinion, but I did not know that they made it a system and a guide for the community except in prison, and that it is separated in their special bulletin. So a discussion took place between me and one of them, his name is Hamawi. I said to him, "What is your opinion regarding intoxicants, with their many types and names? Are you not with us that, as he (peace and blessings be upon him) said: ?" He said, "Yes." I said to him, "Do you have any doubt at all?" He said, "No, the matter is clear." I said to him, "But some of the great, great scholars of the Muslims hold the opposite of what this hadith states. They hold that the intoxicant derived from grapes, whether little or much, is forbidden. But what did I say?"
The student : I said...

The Shaykh : Yes, as for the intoxicant, it may be... much. This alerted me to it. But as for the intoxicant derived from other than grapes, the much is forbidden, and the little is not forbidden. And the "much" is that which intoxicates. So if a person drinks until he becomes intoxicated from the intoxicants derived from other than grapes, that is the forbidden part. But if he drinks a small cup or two cups and does not become intoxicated, that is lawful. I said to him, "And you say that the Muslim ruler settles the disagreement. So if he adopts an opinion, it becomes obligatory for all Muslims to submit to this opinion. And I think you remember now that the Islamic books use this weapon and place it in the wrong place. Notice."
The student : This is problematic.

The Shaykh : This is a serious matter, very serious.
The student : Very serious, and I hope that you write about it or speak about it.

The Shaykh : I wish I could. As for speaking, I speak, but as for devoting myself to writing on these issues, unfortunately, I am not able. The point is, I said, "If the ruler adopts an opinion, he removes the disagreement and submission to it becomes obligatory." I said to him, "So if a Muslim ruler comes and adopts an Islamic opinion that says the much of the intoxicant from other than grapes is forbidden and the little is lawful, then on this basis, it is permissible to sell it, other than grape wine... wine from grapes, its sale, purchase, and drinking a drop of it is forbidden. But the intoxicant derived from barley, corn, and so on, its ruling is different, and the one who drinks from it does not become intoxicated, so it is permissible and forbidden. Do you adopt this opinion, so-and-so?" He said, "Yes, I adopt it. This Muslim ruler..." I said to him, "Where do you go with the saying of he (peace and blessings be upon him) ? Do you know how this hadith was interpreted?" He said, "No obedience to a creation in disobedience to the Creator. Disobedience that the one obeyed believes is disobedience, not the one obeying. Do you understand how? Meaning, if the ruler orders something that the ruler himself believes is forbidden, it is not permissible for you to obey him; it is forbidden. But if he orders you to do something that he considers permissible and lawful, and it is forbidden for you, then it is lawful for you. Matters that undermine Islam from its root and foundation, and they have not yet reached a ruling... and we ask Allah for safety.