This explanation is as follows:
Know, firstly, that the origin regarding this principle is not related to circumstances involving actions or saying what is disbelief, rather it is related to rejecting reports and belying the texts (i.e. Ayaat, Ahadith, etc) so whoever leaves the disbeliever without doing Takfeer of him, this would be considered a denial on his behalf of the texts that involve doing Takfeer of him. So based on this, it is a must that the text regarding Takfeer of him must be authentic and agreed upon, and it necessitated that the one who leaves-off doing Takfeer must be rejecting these texts. For the mukafiraat (those things that make one a disbeliever), are not one, and falling into them also is not upon one level; to explain this matter, we have to distinguish and divide them into two:
The First Category: The Original Disbeliever.
Like the jew, christian, majoos and other than them. Whoever does not do Takfeer of these, doubts their disbelief, or approved their mathhab, then he is a disbeliever by ijmā’ as was mentioned by more than one of the people of knowledge. Because in this (action) is a rejection of (Shar’ī) texts that mention the falsehood of other than the mathhab of the Muslimīn and the disbelief of whoever is not upon the religion of Islām.
The Second Category: The murtadd from Islām.
This one is upon two divisions:
The first: Whoever announces his apostasy and his leaving of Islām to another religion like judaism, christianity, atheism, then the ruling upon him is like to the ruling upon someone from the aforementioned category (kaafir asli).
The Second: The one who commits a nullification of Islām, except he still claims to be upon Islām, and that he isn’t a disbeliever by committing this nullification, then he is upon two categories as well:
1. Whoever does a manifest and clear nullification of Islām, upon which there is an ijmā’ (that it is a nullification) like insulting Allāh, the Mighty and Majestic, for example, then he is a disbeliever by ijmā’; whoever does not do Takfeer of him is one of two, either:
i. The person that believes and accepts that cursing (Allāh) is disbelief, that this action is disbelief, except that he desists from implementing this ruling upon a specific person due to a lack of knowledge (about the state or condition) or a doubt that he has, and the likes, then this person is wrong, and this statement of his is falsehood, however one cannot do Takfeer of this person because he has not rejected nor denied any texts, as he has affirmed that the ijmā’ that the one who insults (Allāh) is a disbeliever.
ii. The one who denies that cursing Allāh is disbelief in the first place, so this one disbelieves after bayān (explaining to him), because he rejects the ijmā’ and the texts. The likes of these are the ones who worship the graves and attribute themselves to Islām. So whoever denies that this man’s action is disbelief, then he is a disbeliever because he has rejected the explicit texts, but whoever affirms that this action is disbelief (i.e. the worshipping of the grave), but does not do Takfeer of the person due to a doubt he sees, then he does not disbelieve.
2. The one who does a nullification of Islām upon which there is a difference of opinion, like the leaving-off of prayer, this issue for example, there is difference of opinion over, and the one who differs with another on this issue (whether it is disbelief or not) is not a disbeliever, nor even an innovator or fāsiq, even if he is wrong.
Like the jew, christian, majoos and other than them. Whoever does not do Takfeer of these, doubts their disbelief, or approved their mathhab, then he is a disbeliever by ijmā’ as was mentioned by more than one of the people of knowledge. Because in this (action) is a rejection of (Shar’ī) texts that mention the falsehood of other than the mathhab of the Muslimīn and the disbelief of whoever is not upon the religion of Islām.
The Second Category: The murtadd from Islām.
This one is upon two divisions:
The first: Whoever announces his apostasy and his leaving of Islām to another religion like judaism, christianity, atheism, then the ruling upon him is like to the ruling upon someone from the aforementioned category (kaafir asli).
The Second: The one who commits a nullification of Islām, except he still claims to be upon Islām, and that he isn’t a disbeliever by committing this nullification, then he is upon two categories as well:
1. Whoever does a manifest and clear nullification of Islām, upon which there is an ijmā’ (that it is a nullification) like insulting Allāh, the Mighty and Majestic, for example, then he is a disbeliever by ijmā’; whoever does not do Takfeer of him is one of two, either:
i. The person that believes and accepts that cursing (Allāh) is disbelief, that this action is disbelief, except that he desists from implementing this ruling upon a specific person due to a lack of knowledge (about the state or condition) or a doubt that he has, and the likes, then this person is wrong, and this statement of his is falsehood, however one cannot do Takfeer of this person because he has not rejected nor denied any texts, as he has affirmed that the ijmā’ that the one who insults (Allāh) is a disbeliever.
ii. The one who denies that cursing Allāh is disbelief in the first place, so this one disbelieves after bayān (explaining to him), because he rejects the ijmā’ and the texts. The likes of these are the ones who worship the graves and attribute themselves to Islām. So whoever denies that this man’s action is disbelief, then he is a disbeliever because he has rejected the explicit texts, but whoever affirms that this action is disbelief (i.e. the worshipping of the grave), but does not do Takfeer of the person due to a doubt he sees, then he does not disbelieve.
2. The one who does a nullification of Islām upon which there is a difference of opinion, like the leaving-off of prayer, this issue for example, there is difference of opinion over, and the one who differs with another on this issue (whether it is disbelief or not) is not a disbeliever, nor even an innovator or fāsiq, even if he is wrong.
By Ash-Shaykh Al ‘Allāmah Nāsir Ibnu Hamad Al Fahd (fakk Allāhu asrah)
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