The Meaning of Implementing the Shari'ah
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Question:
And another says: You spoke about the pure Shari'ah, but has it been implemented and carried out as Allah commanded? You know about the banks, and about the mixing of disbelievers with Muslims in their homes with their women? Is there anything greater than this? So what is your position?
Answer:
In any case, the deficiency in implementation is not a recent phenomenon; rather, it has existed for a long time and from a distant era. The deficiency is present, but this does not imply that the Shari'ah is not applied or that it does not govern. From the time of al-Siddiq, then 'Umar, then 'Uthman, then 'Ali, then Mu'awiyah, and then those after them, the Muslims have striven to implement the Shari'ah and focused on it. This does not imply that there is no deficiency, no flaw, and no error; none of that is implied.
If the ruler falls short, or if the ruler disobeys, this does not mean that the Shari'ah is not applied. Rather, his disobedience is upon him, and his sin is upon him. What is established of the Shari'ah, in terms of its adjudication and ruling in the disputes that occur among people, and in what is applied of prayer, fasting, and other matters, and in what is established of the hudud (fixed punishments), this is the meaning of implementing the Shari'ah. It does not mean that no disobedience occurs and that no sins exist; rather, sins have occurred for a long time.
But it is obligatory that sins be forbidden and that the hudud be established. If the rulers fall short in this in the present time, or in the past; the sin of that falls upon the one who fell short, if he knew and was aware of that matter, then he was lenient; the sin of that is upon him. And if he did not know, the sin is upon the one who took charge of this matter, then was lenient and intended leniency. The existence of riba (usury or interest) in the banks, and the existence of other sins, all of this is a deficiency in faith and a weakness in faith for the one who engages in it and does it, and for the one who considers riba lawful in himself, and sees that riba is halal (lawful), even if Allah forbade it; he becomes an apostate. We seek refuge in Allah.
And another says: You spoke about the pure Shari'ah, but has it been implemented and carried out as Allah commanded? You know about the banks, and about the mixing of disbelievers with Muslims in their homes with their women? Is there anything greater than this? So what is your position?
Answer:
In any case, the deficiency in implementation is not a recent phenomenon; rather, it has existed for a long time and from a distant era. The deficiency is present, but this does not imply that the Shari'ah is not applied or that it does not govern. From the time of al-Siddiq, then 'Umar, then 'Uthman, then 'Ali, then Mu'awiyah, and then those after them, the Muslims have striven to implement the Shari'ah and focused on it. This does not imply that there is no deficiency, no flaw, and no error; none of that is implied.
If the ruler falls short, or if the ruler disobeys, this does not mean that the Shari'ah is not applied. Rather, his disobedience is upon him, and his sin is upon him. What is established of the Shari'ah, in terms of its adjudication and ruling in the disputes that occur among people, and in what is applied of prayer, fasting, and other matters, and in what is established of the hudud (fixed punishments), this is the meaning of implementing the Shari'ah. It does not mean that no disobedience occurs and that no sins exist; rather, sins have occurred for a long time.
But it is obligatory that sins be forbidden and that the hudud be established. If the rulers fall short in this in the present time, or in the past; the sin of that falls upon the one who fell short, if he knew and was aware of that matter, then he was lenient; the sin of that is upon him. And if he did not know, the sin is upon the one who took charge of this matter, then was lenient and intended leniency. The existence of riba (usury or interest) in the banks, and the existence of other sins, all of this is a deficiency in faith and a weakness in faith for the one who engages in it and does it, and for the one who considers riba lawful in himself, and sees that riba is halal (lawful), even if Allah forbade it; he becomes an apostate. We seek refuge in Allah.
Source
binbaz.org.sa
The Arabic text is copied verbatim from the original source, without any edits.