Shaykh Albani (Rahimahullah) refutes the #Khariji #Takfiri #DogsOfHell
So we say: A ruler (qaadee) judges by the Shari'ah, this is his habit and part of his system. However in a particular ruling he erred and made a judgement in opposition to the Shari'ah, meaning that he judged in favour of the oppressor and did not give the favourable ruling to the one who had been oppressed. This ruler has definitely judged by other than what Allaah has revealed! So would you say that he has disbelieved with the kufr of apostasy?
They will say in reply: No, because this only occurred from him once.
We then say: If this same ruling occurred from him a second time, or another ruling in which he opposed the Shari'ah, has he disbelieved?
Then we repeat this to them: Three times! Four times! When is it that you will say that he has disbelieved (apostatised)? They will not be able to place a limit to the number of his rulings in which he opposed the Shar'iah, then they cannot be able to declare him a disbeliever on account of them!! Whereas they could perfectly do the opposite of that when it is known from this ruler that in the very first ruling he made, he preferred ruling by other than what Allaah has revealed, holding that to be lawful, whilst disapproving of the Shari'ah. At that moment the ruling of apostasy can be applied to him, correctly, at the very first time (he opposed the Shari'ah).
And again, in the situation opposite to this: If we observed from this ruler many rulings in a variety of different issues in which he opposed the Sharee'ah and we were to ask him, "Why have you ruled by other than what Allaah the Mighty and Majestic, has revealed?" Then if he were to reply, "I feared for myself!" or "I was bribed", for example, then this is one is much more evil than the first (i.e. the first example of the ruler given above). But despite this we are not able to declare him a disbeliever until he makes known what is in his heart that he does not deem ruling by what Allaah the Mighty and Majestic has revealed to be correct or suitable. In such a situation we would be able to say that he is a disbeliever with the kufr of apostasy.
From "Fitnah of Takfir"
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