Who is the open sinner in Islamic law?
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The questioner : He says: What is the open sinner in Islamic law?
The Shaykh : The open sinner is the one who departs from the obedience of Allah and His Messenger. There are two types: major open sinfulness, which is disbelief, and open sinfulness less than that.
An example of the major type is the saying of Allah (Blessed and Exalted is He) in Surat al-Sajdah:[As-Sajdah 32:18-20] This open sinfulness means disbelief.
There is another open sinfulness less than that which does not reach the level of disbelief. An example of it is the saying of the Exalted:[Al-Hujurat 49:7] Here, Allah mentioned disbelief alone, open sinfulness alone, and disobedience, which is less than open sinfulness alone.
And the statement of the jurists (may Allah have mercy on them) in their books: "The testimony of the open sinner is not accepted" refers to open sinfulness that is less than disbelief.
The Shaykh : The open sinner is the one who departs from the obedience of Allah and His Messenger. There are two types: major open sinfulness, which is disbelief, and open sinfulness less than that.
An example of the major type is the saying of Allah (Blessed and Exalted is He) in Surat al-Sajdah:
(18) Then is one who was a believer like one who was defiantly disobedient? They are not equal. (19) As for those who believed and did righteous deeds, for them will be the Gardens of Refuge as accommodation for what they used to do. (20) But as for those who defiantly disobeyed, their refuge is the Fire. Every time they wish to emerge from it, they will be returned to it while it is said to them, "Taste the punishment of the Fire which you used to deny."
أفمن كان مؤمنا كمن كان فاسقا لا يستوون ، أما الذين آمنوا وعملوا الصالحات فلهم جنات المأوى نزلا بما كانوا يعملون ، وأما الذين فسقوا فمأواهم النار كلما أرادوا أن يخرجوا منها أعيدوا فيها وقيل لهم ذوقوا عذاب النار الذي كنتم به تكذبونThere is another open sinfulness less than that which does not reach the level of disbelief. An example of it is the saying of the Exalted:
but Allah has endeared to you the faith and has made it pleasing in your hearts and has made hateful to you disbelief, defiance and disobedience
ولكن الله حبب إليكم الإيمان وزينه في قلوبكم وكره إليكم الكفر والفسوق والعصيانAnd the statement of the jurists (may Allah have mercy on them) in their books: "The testimony of the open sinner is not accepted" refers to open sinfulness that is less than disbelief.