Saturday, July 1, 2017

Mawaani’ of Takfeer...

Before knowing the Mawaani we must know the reasons for Kuffr, and they are: ‘Itiqaad (belief), Qawl (speech), ‘Amal (action), and Shakk (doubt). 

No doubt the definition of Kuffr is every speech or act or belief which has been stated in the texts of Takfeer and expels the owner of it from the Millah. 

Its classification is as follows: 
Mawaani to the label of shirk, and that is ikrah, as He says, "Whoever disbelieves in Allah after his belief, except for one who is forced while his heart is secure in faith." 

And Mawaani of Takfeer in masa’il khafiyyah (obscure issues), which are not known except in specific circumstances, and they mean issues of people of hawa and bid’a, like the issues of Asma wa Sifat (Names and Attributes), and issues in the name of Imaan, and issues of Qadar (destiny), and other issues that are not extreme  in anything preceding. They (the Mawaani) are: 
1. Jahl (Ignorance)
2. Ta’weel (Interpretation)
3. Taqleed (Blind following)
4. Ikrah (Compulsion)
5. Absence of texts that are necessary to learn the truth
6. Or it reached him but it has not been presented to him
7. Or it has been presented to him but he was not able to understand
8. Or it has been presented to him but a contrary argument was presented imposing incorrect Ta’weel (interpretation) on him
9. Or an ambiguity for which he is excused with Allah prevented him
10. Or he was a mujtahid in search for truth

Mawaani of Takfeer in the masa’il dhahirah (clear issues) and it is concerning the specific and general: 

1. Jahl due to living in a remote wilderness, or ignorance due to living in an era of Kuffr, or ignorance due to living and growing up in the lands of Kuffr but those who live among the Muslims there is no excuse for him in clear issues and indeed he is either not liable or liable. 

2. Ikrah (Compulsion) 

Mawaani of Takfeer in general: 
And here are the Mawaani for the doer (of the Kuffr): 

1. Has not reached puberty. 

2. Is not of sound intellect; that is lack of cognitive capacity due to insanity or unconsciousness or sleep or state of intoxication, or excessive joy or anger, such as the one who made an error due to excessive joy when he found his camel. 

3. The act of Kuffr was not intended or without intending what it necessitates or the outcome of Kuffr. However, if the act was intended and he wanted to do that thing but he did not mean Kuffr and an act of Kuffr, although he knew it was Kuffr, this is not what we mean. What is meant by intending an action or speech but not intending Kuffr is like the one who steps on a piece of paper not knowing anything about it. When, in actuality it was the Qur’an. So he did not intend to step all over it and insult it. That differs from the one who rips the Mushaf. That is intending to tear it, so one disbelieves with that even if he did not intend Kuffr. 

4. Mawaani in the means that the action or speech has been done, but is not outright or clear in its Kuffr. 

5. The obligation and outcome when it is not deliberate nor committed to and not intending and committing to an act is a mani’. 

6. Mawaani in the evidence which does not confirm his Kuffr with proof or confirmation. 

7. The Hujjah for the grounds of Takfeer has not been established against him. 

8. Lack of options and that is ikrah. 

In regards to ignorance and Ta’weel we will clarify them shortly. These are the Mawaani to be taken into consideration. 

These are the Mawaani not to be considered as such but some assume them as Mawaani, like: 
1. Fear
2. Not intending Kuffr
3. It only becomes Kuffr when accompanied by belief
4. Being from the rulers or scholars or du’at or mujahideen prevents Takfeer on them, even if they come with outright clear Kuffr
5. Bad upbringing
6. Maslahah of da’wah or good intentions, and what is being circulated around is that intention of maslahah, even if it is an act of Kuffr, does not make one a Kaafir
7. Joke and lack of seriousness, and it is not Kuffr except for the one who was serious
8. Absence of necessary laws or punishment, and some make that a mani’ for the one who comes with clear Kuffr. And they say he does not become a Kaafir because if he indeed was made Takfeer on he would be killed or rebelled against, and the result of his Kuffr would be prevention from inheritance and separation from his spouse, and when that does not happen then there can be no Takfeer! 

We say there is a difference between the names and rulings and it does not mean that a lack of capacity to carry out the rulings prevents giving the corresponding name. 

Ash Shaykh ‘Abdul Lateef said in Al Manhaj pg. 316, “Whoever thinks and believes that the speech of the people of knowledge and their restriction to establishing the Hujjah and having the da’wah reach them prevents the name of Kuffr, shirk and fisq (are mistaken) and so from the doers of the actions and words which were named by the Legislator with those names, and (they) said that the lack of the Hujjah being established does not change the Shari’ah names, rather the label sticks as the Legislator labelled them with Kuffr or shirk or fisq with the Shari’ah name and there is no prevention for it even if the doer wasn’t punished because the Hujjah wasn’t established and there is a difference between a sin being a form of Kuffr and Takfeer upon the one who does it.” 

And with this opportunity I wish to explain the manhaj and usool of the murjiah of today, the defeatists and modernists, and clarify their usool in the topic of Takfeer: 

1. Unrestricted and general warning from Takfeer without elucidation and detail. 

2. A complete generalization of the difference between the speaker and what was spoken, and the doer and what was done, always and in every issue, whether it was in the area of major shirk or in the open and apparent matters from the one whom the proof was established against, even though the conditions were there and the preventative factors were removed. For this reason, there are no persons that they perform Takfeer of, except the ones mentioned in the Qur’ān and the Sunnah explicitly. 

3. Abandonment of knowledge and understanding the area of Takfeer while warning from learning it and gaining understanding of it, and not teaching it or writing about it. This, as well as warning from the books of the A’immah of the Najdi Da’wah and considering the study of the fundamentals of Tawheed and repeating the book Kitaab at Tawheed by Shaykh Muhammad Ibnu Abdul Wahhab to be without need. While also abandoning the study of the nullifiers of Islam and considering that to be a Fitnah and starter to Takfeer. 

4. A lack of attention to the issues of al-Walaa wal Baraa, and hatred and enmity and a lack of concern with Kuffr in the Taghout, and they repeat saying that we are not performing worship by doing that and that Allah will not ask about that and there is no benefit in that knowledge. 

5. Unrestricted statements concerning the excuse of ignorance and expansiveness in it even in the ignorance of those who reject and rebel and are shorthanded (in their affair even though knowledge was widely available to them). The affair has reached a point with some of them to where they give excuse to the ignorant ones of the Jews and Christians. 

6. The call to mutual pardoning and world peace and constantly repeat that. 

7. Warning from Takfeer of the Tawagheet who replaced (the Shari’ah with man made laws) and throwing out those who perform Takfeer of them and declaring enmity towards them based on this fundamental. 

8. Making certain particular personalities from the politically active ones the scale and litmus, so whoever performs Takfeer on them, even if they carried out that which is a cause for evident Kuffr and the preventing factors are erased, then he is a Harurī Takfeeree and person of fitnah and not from Ahlus Sunnah. With no doubt the issue of applying Takfeer upon an individual (mu’ayyan) is from the masa’il ijtihaadiyyah, and the asl (fundamental) is that we say, for example, “whoever worships other than Allah he is a mushrik Kaafir and whoever mocks the Qur’an  is an murtadd.” And thus, this fundamental does not allow difference of opinion, and whoever opposes it is not from the people of the Sunnah, but for a prominent person it is different (according to them). 

Note, and here are some selected Usool that we would like the brothers to benefit from: 

1. Indeed Islam is the worship of Allah alone, there is no partner with Him, and belief in His Messenger Muhammad (saws), and we are to follow what he came with, because a slave does not come with that except that he is a Muslim. 

2. Indeed whoever expresses major shirk is a mushrik if he was not compelled. 

3. The result is that the name of shirk is proven to be put on him not just only after the Hujjah is established. 

4. The obligation to differentiate between establishing the Hujjah and understanding the Hujjah. 

5. Condition of establishing the Hujjah a mushrik deserves before punishment:
a) the message has reached him; b) ability to access it. 

6. Conditions of establishing the argument in the codes of the Shari’ah:
a) ability to gain knowledge; b) capacity to act upon it. 

7. Conditions (Shuroot) of Takfeer on people of desires and innovations:
a) establishing the argument; b) removal of the ambiguities. 

8. Impediments (Mawaani) of Takfeer on people of desires and innovations: 
a) absence of the texts necessary to learn the truth;
b) or they are present but have not been presented to him;
c) or they have been presented and he was not able to understand them;
d) or they have been presented but a contrary argument was presented imposing incorrect interpretation (Ta’weel) on him;
e) or an ambiguity for which he is excused with Allah prevented him;
f) or he was a mujtahid in search of truth. 

9. The argument (Hujjah) is established upon the mukallaf (a person bound by obligations of Islam) by grasping the concept of the message, not by comprehending the truth and its correctness. 

10. It is Wajib to differentiate between clear and obscure issues. 

11. The Kuffr of denying a matter known from the Deen by necessity (ma’loom mina Deen bil darurah) with the exception of the one who does not live in the period of Islam or grew up in a remote desert, or lived and grew up in lands of Kuffr. 

12. One does not disbelieve if he goes against anything from the obscure issues (masa’il khafiyyah) except after the conditions have been affirmed and the impediments removed. 

13. Whoever makes ijtihaad in pursuit of the truth in obscure issues (masa’il khafiyyah) and does not obtain it will be rewarded, and the one who exceeds his capabilities is sinful. 

14. Giving the label of disapproval to people of fusuq and sin after the removal of the impediments. 

[By the imprisoned, but free, shaykh Al ‘Allamah ‘Ali Al Khudayr (fakk Allahu asrah)]

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