WEBVTT

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A summary of the concepts held by the Ahl al-Sunnah.

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Two misconceptions and the refutation of them.

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There are two misconceptions raised against the truth regarding the issue of ruling by other than the Sharia.

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We shall mention them below and refute them.

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First:

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Some believe in remaining silent about declaring this manifest disbelief (kufr bawwah).

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Out of fear of causing civil strife (fitnah).

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Due to the harms they claim would result from speaking out.

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In their view, the preferred course is patience and silence.

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Until reformers are able to speak out.

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And are capable of clarifying the truth and confronting the tyrants.

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To answer this, we say:

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There is a difference between clarification (tabyin) and changing (taghyir) the situation by force.

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What we are currently calling for is clarification through the tongue or the pen.

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Not through changing things by the hand or the sword.

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For changing things through jihad and confrontation,

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Is something that requires the condition of capability.

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And in which the benefits and harms must be weighed.

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As for clarifying the Oneness of Allah (Tawhid),

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It is the greatest of all known duties.

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Which must be used to confront the greatest of all forms of polytheism (shirk).

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This must never be delayed under any circumstances.

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Because major shirk is the greatest form of fitnah,

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As mentioned in the words of Allah the Almighty:

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“And slay them wherever ye find them, and drive them out of the places whence they drove you out, for persecution is worse than slaughter. And fight not with them at the Inviolable Place of Worship until they first attack you there, but if they attack you (there) then slay them. Such is the reward of disbelievers.” (2:191)

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And the Prophet, peace and blessings of Allah be upon him,

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When the words of Allah the Almighty were revealed to him:

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"Arise and warn,"

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He was in a position of weakness in Makkah.

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And his Companions were concealing their Islam.

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Yet he stood up and proclaimed the truth openly.

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He clarified the shirk and warned against it.

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However, he delayed changing things by force,

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Until the time he had the capability to do so.

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The idols were not removed from around the Ka'bah,

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Until the conquest of Makkah in the eighth year of the Hijrah.

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This means the evil remained in place for twenty-one years:

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The total duration of the Makkan period,

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And eight years of the Madinan period.

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Whereas warning against it and clarifying the truth,

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Was proclaimed from the very beginning of the Prophet’s mission.

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The second misconception:

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Is summarized by what has appeared in recent times,

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From some misguided callers,

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Who have gone beyond the limit of remaining silent about the truth in this matter,

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To downplaying its significance,

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And defending the rulers who fall into it,

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By claiming that it is merely a sin,

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And not major shirk,

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As long as the one legislating a law other than Allah’s,

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Has not denied Allah’s law or deemed the act lawful (istihlal).

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And is someone who says:

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"There is no god but Allah."

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They use as evidence the statement attributed to Ibn 'Abbas, may Allah be pleased with them both,

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In his Tafsir of the words of Allah the Almighty:

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"And whoever does not judge by what Allah has revealed,

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Then it is those who are the disbelievers."

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He said: "It is disbelief less than disbelief (kufr duna kufr)."

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This understanding held by these people,

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Is a manifest misguidance,

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And a strange confusion of matters.

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For the mere act of replacing the Sharia of Allah,

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And substituting it with other human-made legislations,

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Is in itself major kufr,

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Whether or not the belief in its lawfulness (istihlal) is present.

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For the texts,

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Which indicate the kufr of one who replaces the Sharia,

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And rules by other than the law of the Most Merciful,

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Do not stipulate the condition of istihlal; this is merely,

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A claim brought forth by these people,

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From their own inventions.

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Rather, for ruling,

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By other than the Sharia to be a sin and not kufr,

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The following conditions or restrictions must be met:

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First, that the sovereignty,

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And the basis of seeking judgment, is founded upon the Book,

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And the Sunnah, and is practiced,

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In the reality of the people.

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Second, that the ruling which contradicts,

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The Sharia is an exception in specific, individual cases,

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Not in general matters.

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And it is not imposed upon the people as,

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A general, binding law.

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Rather, it is done out of the ruler's whim,

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Or, for example, favoritism by the judge,

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In an unjust ruling; the ruler,

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In that case, is in grave danger,

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And has committed a major sin,

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Even if it does not reach the level of kufr.

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Third, that the judge or ruler,

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Does not believe that what he has done is lawful.

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For if he believes it is lawful,

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He is a disbeliever by consensus, and this is,

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The "disbelief less than disbelief."

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Ibn 'Abbas said this in the context of his debate with the Khawarij,

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Who declare people disbelievers for committing sins,

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And want the scholars to agree with them,

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In declaring the oppressive rulers disbelievers,

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Who were ruling in some cases,

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In contradiction to the Sharia,

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Following their whims or out of ignorance of the ruling.

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So they justify their position with that agreement.

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It also indicates that this,

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Is what Ibn 'Abbas meant,

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That the form of replacing the Sharia in a,

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General sense did not exist,

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At all in the time of Ibn 'Abbas.

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And it would not have crossed anyone's mind,

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Nor would anyone even suspect,

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That it is permissible for him to rule the Muslims,

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By other than the Sharia of Allah, nor to legislate,

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Something contrary to the Book and the Sunnah,

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And then force the people to submit to it.

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This only appeared in the era of the Tatars,

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When Genghis Khan compiled,

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The book of "Al-Yasa" and made it the reference,

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For judgment among the people, and he mixed in it,

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Between legislations for the Muslims,

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And others from the religions of the People of the Book and others,

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And some prevailing customs and traditions,

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And his own opinions on laws and legislations.

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Shaykh al-Islam Ibn Taymiyyah issued a fatwa,

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Declaring him and his supporting followers,

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To be in a state of kufr that expels one from the fold of Islam,

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And he deemed it lawful to fight them.
