Series of Answers by the Eminent Scholar Ata Bin Khalil Abu Al-Rashtah, Ameer of Hizb ut-Tahrir, to the Questions of Visitors to his Facebook Page "Fiqhi"
Answer to a Question
To Abdul Jalil Zein
Question:
Assalamu Alaikum Wa Rahmatullah Wa Barakatuh,
May Allah bless you, grant you victory, and reward you with goodness, our honorable Sheikh.
Our honorable Sheikh,
It was mentioned in the book, The Islamic Personality (Ash-Shakhsiyyah al-Islamiyyah), Volume 1, that there are actions which contradict the creed (aqeedah) performed by Muslims, but they do not take them out of the creed. It was explained that a Muslim might drift into a state of heedlessness, failing to link his concepts to his creed, or he might be ignorant of the contradiction between these concepts and the creed, or Satan might overcome him, leading him to deviate from this creed in a particular action...
How does he remain a Muslim when he performs an action that contradicts the Islamic creed?
If a Muslim calls his brother a disbeliever (kaffara akhahu), has it not then returned upon one of them, and is his utterance here not disbelief (kufr)?
I understand that "actions" include words or movements; so, if a Muslim prostrates to an idol, he would become a disbeliever.
I hope you can clarify the actions that contradict the creed yet the Muslim remains a Muslim despite performing them.
Does this ruling include ruling by other than what Allah has revealed, secularism (al-’ilmaniyyah), and others?
May Allah reward you with goodness.
Answer:
Wa Alaikum Assalam Wa Rahmatullah Wa Barakatuh,
First: Your question is regarding what was mentioned in the discussion of "Gaps in Behavior" (Thagharat fi al-Suluk) in the book The Islamic Personality, Volume 1. The meaning of the phrases mentioned there, such as: "One observes in many Muslims the appearance of actions that contradict their Islamic creed..." and his statement: "...that is because a person might drift into heedlessness and neglect linking his concepts to his creed, or he may be ignorant of the contradiction between these concepts and his creed or with his being an Islamic personality, or Satan might overcome his heart and he deviates from this creed in an action, thereby performing actions that contradict this creed" and similar expressions; the meaning of this is not what you assumed in your question—performing actions that take the person out of the Islamic creed. Rather, the meaning is performing prohibited actions (muharramat) and acts of disobedience (ma’asi) that contradict what the Islamic creed necessitates in terms of submitting to Shari'ah rulings and not violating them. This explanation has appeared in more than one place in the mentioned discussion; for example, it stated:
"The truth is that the existence of gaps in a Muslim's behavior does not take him out of being an Islamic personality. This is because a person might drift into heedlessness and neglect linking his concepts to his creed, or he may be ignorant of the contradiction between these concepts and his creed or with his being an Islamic personality, or Satan might overcome his heart and he deviates from this creed in an action, performing actions that contradict this creed, or contradict the attributes of a Muslim who adheres to his Deen, or go against the commands and prohibitions of Allah. He may do all or some of this while still embracing this creed and adopting it as the basis for his thinking and inclinations. Therefore, it is incorrect to say that in such a case he has left Islam or has become a non-Islamic personality. Because as long as the Islamic creed is embraced by him, he is a Muslim, even if he is disobedient in a particular action."
"...Therefore, it is not surprising that a Muslim disobeys and violates Allah's commands and prohibitions in a certain action. A person may see reality contradicting the linking of behavior to the creed. He might imagine that his interest lies in what he did, then later regret it, realize the error of his action, and return to Allah. This violation of Allah's commands and prohibitions does not challenge the existence of the creed within him; rather, it challenges his adherence to the creed in that specific action alone. Therefore, the disobedient (’asi) or the transgressor (fasiq) is not considered an apostate (murtad); rather, he is considered a disobedient Muslim in that specific action only, for which he alone is punished, and he remains a Muslim as long as he embraces the creed of Islam." End of the explanation from The Islamic Personality.
It is clear from this explanation that what is meant is performing prohibited actions and Shari'ah violations that do not remove the Muslim from his Islamic creed, such as drinking alcohol, stealing, looking at ’awrah that is forbidden, and so on... By these sins, he becomes a disobedient transgressor (’asi fasiq) and not a disbeliever (kafir), as long as he believes in the Islamic creed.
Second: As for performing actions such as prostrating to idols or performing the prayers of Jews or Christians, this is not merely a violation and deviation from the creed, but it is beyond that—it is an exit from the Islamic creed and from Islam entirely. Whoever performs such actions has apostatized from his Deen. We have previously detailed this in an Answer to a Question on Facebook on April 30, 2017, regarding avoiding disbelief and dying upon Islam.
Third: Regarding ruling by other than what Allah has revealed, there is a detailed explanation that we have previously clarified in more than one answer. Its summary is that ruling by the laws of kufr is an action. If this action reflects the belief of its doer—meaning it indicates that the doer does not believe in Islam and rules by kufr out of a belief that the rulings of Islam are unsuitable—then whoever performs this action is a disbeliever (kafir). However, if one rules by kufr but acknowledges that Islam is the truth and that it is what must be ruled by, then in this case, the one who performs this action is an oppressor (zhalim) and a transgressor (fasiq), but not a disbeliever. The three verses in Surah Al-Ma'idah pointed to this regarding ruling by other than what Allah has revealed: one describes the one who rules by other than what Allah has revealed as a disbeliever, the second describes him as a transgressor (fasiq), and the third describes him as an oppressor (zhalim). Allah (swt) says:
وَمَنْ لَمْ يَحْكُمْ بِمَا أَنْزَلَ اللَّهُ فَأُولَئِكَ هُمُ الْكَافِرُونَ
"And whoever does not judge by what Allah has revealed - then it is those who are the disbelievers." (TMQ Surah Al-Ma'idah 5:44)
وَمَنْ لَمْ يَحْكُمْ بِمَا أَنْزَلَ اللَّهُ فَأُولَئِكَ هُمُ الظَّالِمُونَ
"And whoever does not judge by what Allah has revealed - then it is those who are the wrongdoers." (TMQ Surah Al-Ma'idah 5:45)
وَمَنْ لَمْ يَحْكُمْ بِمَا أَنْزَلَ اللَّهُ فَأُولَئِكَ هُمُ الْفَاسِقُونَ
"And whoever does not judge by what Allah has revealed - then it is those who are the defiantly disobedient." (TMQ Surah Al-Ma'idah 5:47)
...Knowing the reality of the one ruling by other than what Allah has revealed is necessary for the correctness of the judgment upon him.
What must be drawn attention to is that it is not permissible to be lenient in declaring people as disbelievers (takfir). Whoever is born to two Muslim parents is a Muslim, and to judge him as a disbeliever, there must be definitive evidence (dalil qat’i) of his disbelief. Even if 90% of the evidence pointed to his disbelief and 10% pointed to his Islam, he is not judged as a disbeliever. Rather, his actions are followed and he is judged for these actions that violate the Shari'ah as a fasiq, an ’asi, or a zhalim, but he is not judged as a disbeliever as long as the definitive evidence of his disbelief is not established. The subject of takfir causes the loss of lives and the application of the rulings of apostasy, and it may result in tragedies and crimes if the occurrence of disbelief is not verified by establishing the definitive proof...
This is an important matter, and the Shari'ah evidences indicate it, including:
1- يَا أَيُّهَا الَّذِينَ آمَنُوا إِذَا ضَرَبْتُمْ فِي سَبِيلِ اللَّهِ فَتَبَيَّنُوا وَلَا تَقُولُوا لِمَنْ أَلْقَى إِلَيْكُمُ السَّلَامَ لَسْتَ مُؤْمِنًا تَبْتَغُونَ عَرَضَ الْحَيَاةِ الدُّنْيَا فَعِنْدَ اللَّهِ مَغَانِمُ كَثِيرَةٌ كَذَلِكَ كُنْتُمْ مِنْ قَبْلُ فَمَنَّ اللَّهُ عَلَيْكُمْ فَتَبَيَّنُوا إِنَّ اللَّهَ كَانَ بِمَا تَعْمَلُونَ خَبِيرًا
"O you who have believed, when you go forth [to fight] in the cause of Allah, investigate; and do not say to one who gives you [a greeting of] peace 'You are not a believer,' aspiring for the goods of worldly life; for with Allah are many acquisitions. You [yourselves] were like that before; then Allah conferred His favor upon you, so investigate. Indeed Allah is ever, with what you do, Acquainted." (TMQ Surah An-Nisa 4:94)
Regarding the reasons for the revelation of this verse, several hadiths were reported, including:
Ahmad narrated in his Musnad from Abu Thibyan, who said: I heard Usama bin Zaid narrating, saying:
«بَعَثَنَا رَسُولُ اللَّهِ ﷺ إِلَى الْحُرَقَةِ مِنْ جُهَيْنَةَ، قَالَ: فَصَبَّحْنَاهُمْ فَقَاتَلْنَاهُمْ، فَكَانَ مِنْهُمْ رَجُلٌ إِذَا أَقْبَلَ الْقَوْمُ كَانَ مِنْ أَشَدِّهِمْ عَلَيْنَا، وَإِذَا أَدْبَرُوا كَانَ حَامِيَتَهُمْ، قَالَ: فَغَشِيتُهُ أَنَا وَرَجُلٌ مِنَ الْأَنْصَارِ، قَالَ: فَلَمَّا غَشِينَاهُ، قَالَ: لَا إِلَهَ إِلَّا اللَّهُ، فَكَفَّ عَنْهُ الْأَنْصَارِيُّ وَقَتَلْتُهُ، فَبَلَغَ ذَلِكَ النَّبِيَّ ﷺ فَقَالَ: "يَا أُسَامَةُ، أَقَتَلْتَهُ بَعْدَمَا قَالَ: لَا إِلَهَ إِلَّا اللَّهُ؟" قَالَ: قُلْتُ: يَا رَسُولَ اللَّهِ، إِنَّمَا كَانَ مُتَعَوِّذًا مِنَ الْقَتْلِ. فَكَرَّرَهَا عَلَيَّ حَتَّى تَمَنَّيْتُ أَنِّي لَمْ أَكُنْ أَسْلَمْتُ إِلَّا يَوْمَئِذٍ»
"The Messenger of Allah (saw) sent us to Al-Huraqa, a sub-tribe of Juhaina. We attacked them in the morning. There was a man among them who, when the people advanced, was one of the fiercest against us, and when they retreated, he was their rearguard. I and a man from the Ansar pursued him. When we overwhelmed him, he said: 'There is no god but Allah' (La ilaha illallah). The Ansari withheld, but I killed him. When that reached the Prophet (saw), he said: 'O Usama, did you kill him after he said La ilaha illallah?' I said: 'O Messenger of Allah, he only said it to seek refuge from being killed.' He kept repeating it to me until I wished I had not embraced Islam before that day."
2- The Messenger of Allah (saw) said:
«لَا أَزَالُ أُقَاتِلُ النَّاسَ حَتَّى يَقُولُوا: لَا إِلَهَ إِلَّا اللَّهُ، فَإِذَا قَالُوا: لَا إِلَهَ إِلَّا اللَّهُ، فَقَدْ عَصَمُوا مِنِّي أَمْوَالَهُمْ وَأَنْفُسَهُمْ إِلَّا بِحَقِّهَا، وَحِسَابُهُمْ عَلَى اللَّهِ عَزَّ وَجَلَّ»
"I have been commanded to fight the people until they say: 'There is no god but Allah' (La ilaha illallah). If they say it, then their blood and property are sacred to me, except by its right, and their reckoning is with Allah, the Mighty and Sublime." (Reported by Ahmad in his Musnad)
3- It was narrated in Sahih Bukhari from Abdullah bin Umar (ra) that the Messenger of Allah (saw) said:
«أَيُّمَا رَجُلٍ قَالَ لِأَخِيهِ يَا كَافِرُ، فَقَدْ بَاءَ بِهَا أَحَدُهُمَا»
"Any man who says to his brother, 'O Kafir' (disbeliever), then it has certainly returned upon one of them."
And Muslim narrated in his Sahih from Nafi’, from Ibn Umar, that the Prophet (saw) said:
«إِذَا كَفَّرَ الرَّجُلُ أَخَاهُ فَقَدْ بَاءَ بِهَا أَحَدُهُمَا»
"If a man declares his brother to be a disbeliever, it will certainly apply to one of them."
Accordingly, it is not correct to be hasty or lenient in judging a Muslim with disbelief; rather, it is essential to verify and investigate...
Your brother, Ata bin Khalil Abu Al-Rashtah
10 Sha’ban 1438 AH Corresponding to 07/05/2017 CE
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