NOTE: In Islamic 'Aqeedah, we have a principle which states:
‘WE CONSIDER THE APPARENT ON THE MATTER OF IMAAN AND KUFR’
Evidence 1
Muslim Vol 2 p107, Nawawi Usama Ibn Zaid: was sent on an expedition by the Messenger Muhammad (pbuh). He said: ‘One of the Mushrikeen said laa ilaaha illalah and I killed him but I felt bad and I told the Messenger Muhammad’ The Messenger Muhammad (pbuh) said: ‘Did you kill him after he said laa ilaaha illalah?’ Usamah said 'Yes, but he only said it because he feared from my weapon.' Muhammad (pbuh) said ‘Did you check his heart?’ He kept repeating it until I felt that I wished I became Muslim on that day and not before.
In another narration it is reported: the Messenger Muhammad (pbuh) said ‘What will you do if he comes to you on the day of judgement with his Kalima’ and whenever I asked the Messenger Muhammad (pbuh) to ask forgiveness he repeated the same statement to me’.
Hence the Messenger Muhammad (pbuh) eventually said to him: ‘Go and replace the la illaaha illalah with a kaafir’ [this was encouragement from the Prophet Muhammad (pbuh) to him] hence he always said ‘Do not delay the army of Usaama’ on his death bed because it was the expedition of his life.
Usama Ibn Zaid was dispraised strongly and made Inkaar on him powerfully because he judged by the inner and not outer.
Muslim Vol 2 p107, Nawawi Usama Ibn Zaid: was sent on an expedition by the Messenger Muhammad (pbuh). He said: ‘One of the Mushrikeen said laa ilaaha illalah and I killed him but I felt bad and I told the Messenger Muhammad’ The Messenger Muhammad (pbuh) said: ‘Did you kill him after he said laa ilaaha illalah?’ Usamah said 'Yes, but he only said it because he feared from my weapon.' Muhammad (pbuh) said ‘Did you check his heart?’ He kept repeating it until I felt that I wished I became Muslim on that day and not before.
In another narration it is reported: the Messenger Muhammad (pbuh) said ‘What will you do if he comes to you on the day of judgement with his Kalima’ and whenever I asked the Messenger Muhammad (pbuh) to ask forgiveness he repeated the same statement to me’.
Hence the Messenger Muhammad (pbuh) eventually said to him: ‘Go and replace the la illaaha illalah with a kaafir’ [this was encouragement from the Prophet Muhammad (pbuh) to him] hence he always said ‘Do not delay the army of Usaama’ on his death bed because it was the expedition of his life.
Usama Ibn Zaid was dispraised strongly and made Inkaar on him powerfully because he judged by the inner and not outer.
Evidence 2
Bukhari and Muslim, Nawawi Vol 2 p106, Al-Mikdaad Ibn Aswad, was a fighter among the Sahabah: ‘He said O Rasoul Allah if I met someone and he was fighting with me and he hits one of my hands and cut it and then he went to the tree and I am in control, and he says laa ilaaha illalah shouldn’t I kill him?’ No, if you kill him he will take your position before (i.e. as a Muslim).
He was a Muslim before hence the positions will be changed afterwards. Even if the kalima is said in the battlefield we take it.
Imam Nawawi said that Malik and Shaafi both said that the hadith means that his life has sanctity after he says laa ilaaha illalah and his situation will be like yours after you kill him i.e. then your life will have no sanctity.
Evidence 3
Abu Saeed al-Khidri reported that a man came who was squinting, his forefront was quite big and he had a huge beard, his hair was completely long and had a high Izhaar. He shouted at the Prophet ‘fear Allah’ The Messenger Muhammad (pbuh) said: ‘dare you Allah trusts me from the 7th heaven and you do not trust me on distributing the booty’ After he left Khalid Bin Walid said ‘shouldn’t I strike his neck?’ ‘No because he prays’ Khalid said: ‘How many people pray just to be seen’ He said ‘Allah did not ask me to judge by the heart or to open their tummies to see what is inside’ He was seen walking far distance and the Messenger Muhammad (pbuh) said: ‘from this man will be people who will recite the Qur’an so nice and they will go out of the day like the arrow from the bow and if I meet them I will kill them like the people of Thamoud’ NB. Although the Prophet knew about him.
NB. Imam Ali killed 6,000 Khawaarij because they killed one Sahabah Abdullah Ibn Khabaab and opened his wife’s stomach and killed the child there as well.
NB. This Hadith says that Allah did not ask to check people’s heart.
Evidence 4
Even the Messenger Muhammad (pbuh) knew that Abdullah Ibn Salul was the head of the Munafiqeen and when it came to his Janazah, but Allah told him not to, he was going to ask forgiveness for him but Allah did not allow him to.
Even the Messenger Muhammad (pbuh) knew that Abdullah Ibn Salul was the head of the Munafiqeen and when it came to his Janazah, but Allah told him not to, he was going to ask forgiveness for him but Allah did not allow him to.
Evidence 5
Musaylama Al-Kathaab used to claim that he was a brother of the Messenger Muhammad (pbuh) and said that they are both Prophets.
Musaylama Al-Kathaab used to claim that he was a brother of the Messenger Muhammad (pbuh) and said that they are both Prophets.
Evidence 6
Mujaa’a went to the Prophet to embrace Islam and came to live near Yemen. Khalid Bin walid was sent with the army to deal with Musaylama. He reached the people of yamama. Among the group were 23. Mujaa’a as among them caught. ‘Mujaa’a said to Khalid salaam. He replied now you give me the salam’ He said ‘You know I went to the Prophet and I gave him the bayah of Islam and I still believe what I said in the past, if one man arose in my tribe do not account me for him’ Khalid: ‘You left what you used to be in the past and your acceptance to live under this Prophet and your silence is your consent.’ He said that you are the most noble man in Yamama and you know I am coming and yet you stay with him I cannot find any excuse for you, you heard what he and many other people said and you did not say a word. There were people much less than you and they spoke and many were also killed’ He said ‘I feared from my people’ He said: ‘why did you not send me a letter and tell me as much?’ He said: ‘I am not going to kill you but I am not going to free you, between releasing you from my sword and releasing you I will imprison you until Allah guides us. Later he consulted other Sahabah and killed him.
Here Imam Shaafi said: ‘Mujaa’a was considered a Kaafir because he was silent and left what he believed in the past’.
Evidence 7
Nisai 3714, Nu’man Bin basher stated ‘we were with the Prophet and a man came and they said ‘kill him and take his property’ He asked ‘did he say laa ilaaha illalah?’ They said ‘yes but only because they are afraid’ He said: ‘do not kill them I have been ordered to fight until they say laa ilaaha illalah’ They said they were afraid of the sword, the Messenger replied: ‘I have ordered to judge the apparent’.
Bukhari & Muslim: ‘I have been ordered to fight people until they say (both parts of the kalima) and pray and pay zakat and then their life and wealth will be protected except on the haqq.
Sufyan Al-Thawri: ‘This is so clear for people to see and hear’.
Mujaa’a went to the Prophet to embrace Islam and came to live near Yemen. Khalid Bin walid was sent with the army to deal with Musaylama. He reached the people of yamama. Among the group were 23. Mujaa’a as among them caught. ‘Mujaa’a said to Khalid salaam. He replied now you give me the salam’ He said ‘You know I went to the Prophet and I gave him the bayah of Islam and I still believe what I said in the past, if one man arose in my tribe do not account me for him’ Khalid: ‘You left what you used to be in the past and your acceptance to live under this Prophet and your silence is your consent.’ He said that you are the most noble man in Yamama and you know I am coming and yet you stay with him I cannot find any excuse for you, you heard what he and many other people said and you did not say a word. There were people much less than you and they spoke and many were also killed’ He said ‘I feared from my people’ He said: ‘why did you not send me a letter and tell me as much?’ He said: ‘I am not going to kill you but I am not going to free you, between releasing you from my sword and releasing you I will imprison you until Allah guides us. Later he consulted other Sahabah and killed him.
Here Imam Shaafi said: ‘Mujaa’a was considered a Kaafir because he was silent and left what he believed in the past’.
Evidence 7
Nisai 3714, Nu’man Bin basher stated ‘we were with the Prophet and a man came and they said ‘kill him and take his property’ He asked ‘did he say laa ilaaha illalah?’ They said ‘yes but only because they are afraid’ He said: ‘do not kill them I have been ordered to fight until they say laa ilaaha illalah’ They said they were afraid of the sword, the Messenger replied: ‘I have ordered to judge the apparent’.
Bukhari & Muslim: ‘I have been ordered to fight people until they say (both parts of the kalima) and pray and pay zakat and then their life and wealth will be protected except on the haqq.
Sufyan Al-Thawri: ‘This is so clear for people to see and hear’.
Evidence 8
The prophet was informed about a woman that she committed adultery from the husband, he did not have 4 witnesses but wanted to make mulaa’ana. The Prophet said let us see the baby if it looks like so and so it is yours else it is his. When it was born it looked like the other man and yet she insisted, the Messenger Muhammad (pbuh) said ‘just because of her oath else it would be a different situation’.
Two men disputed about a piece of land and the Messenger Muhammad (pbuh) ‘you come to me to judge and some of you may be more articulate I will judge by what is apparent, if I judge something and it is not his it is a piece of hellfire for him’.
Hadith: ‘Whoever prays our salat and faces our qibla and eats our slaughtered meat he is a Muslim’.
NB. By the apparent actions he will become Muslim.
Evidence 10
Abu Dawoud: Two slaves left Hudaybiyyah from Mecca before the treaty and the masters of those slaves said: ‘The two slaves did not go to you because they love your deen but just to be free from slavery’ He became angry and said ‘you people of Quraish do not stop misbehaving until Allah sends over you someone who will strike your neck because of this. I will never send them back, they are people Allah freed.’
Evidence 11
Maoquf Abdullah Bin Utbah Bin Masoud in Bukhari said: ‘I heard 'Umar say ‘there were some people excused by the wahi because of Rasoul Allah’ A man Haatib Ibn Abi Balta’ah told the Quraish that the Messenger Muhammad (pbuh) is coming to kill them all even though he was making rumours about Taa’if. Allah asked Jibraeel to tell the Nabi and he did. 'Umar said ‘let me kill him’ but he claimed that his niyyah was good.
'Umar said ‘there were some excused by the Wahi before but now we judge by the apparent, whoever shows us anything bad we will never believe him even if he says ‘my intention is good’.
Haatib used to be a man who fought in Badr so his situation was unique and the Prophet praised him highly in that battle and he was also one of the first believers. So his Imaan was quite high and his Jihad the highest form. But his problem was that his family was in Mecca. Yet the Prophet did not defend or protect him when Omar (ra) called him Kaafir but when the Wahi came the Messenger Muhammad (pbuh) said: ‘I have been informed that Haatib did not say it out of muwalaat’
NB. The judge never looks at the motive but the action. Hadith: ‘the confession is the master of all evidences’
Imam Shaafi used to say: ‘The niyyah has its place in the heart’
Evidence 12
A Muslim chased a man because of his booty. The man said ‘assalamu aleikum’ but they killed him and took his booty. They came and the ayah was revealed: ‘Do not say for the one who says assalamu aleikum that you are not Muslim. Ibn Abbas (ra) said that they never stopped paying Kafarah from that day.
NB: Why do we want to judge a person as Muslim by one action but not Kufr, rather Kufr and Imaan are opposite to each other. Hence Irjaa is quite dangerous.
Ibn Taymiyyah said regarding the Tartars that ‘kill them even if you see them praying’ because they were still; referring to the book of al-Yaasir.
Evidence 13
Al-Abbas Ibn Abi Mu’talib, during the second pledge of ‘Aqabah he came and asked for the pledge to the Prophet but at that time he was not yet Muslim. He embraced Islam later and reported information from within. Suddenly he was captured by the Muslims in the battle of Badr because he came with the Mushriks. The Messenger Muhammad (pbuh) said: ‘Ya Abbas free yourself by some fidya and free Uqail (brother of Imam Ali, the son of your brother) and Nawfal and Utbah Bin Amru your alliance, you are a man rich’ He said: ‘I embraced Islam Ya Rasoul Allah but my people put duress upon me’ The Prophet said: ‘Allah knows better about your Islam, if its true Allah will reward you for this, your apparent action is that you were fighting against us so free yourself’.
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