Judging by what is Apparent: A trait of the Takfeeri ?

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How do we judge if someone is kaafir? Can we judge someone's heart, to see if he is kaafir? Is that possible? If we look to the example of someone who comes and says Assalamu 'Alaikum to us, we would undoubtedly say that he is Muslim. Do we need to check his heart ? No, we know his Islam from his sayings and his actions. We do not need to check his heart, so why if someone's sayings and actions are kuffr, should we need to check his heart? Rather when we see someone who is clearly in kuffr and shirk, or we see people competing with Allah, i.e. that they are Taghout, there is no need for us to check his heart, we must make Takfeer on him - that is the Haqq of Allah. We have a principle in Islam, that: "We consider only the apparent in regards to Imaan and kuffr, we do not consider that which is concealed."

Usama bin Zaid was sent in an expedition, he spoke about one man in the battlefield, he said: "… I saw one of them, he said "laa ilaaha illallah". I stabbed him, and after that I felt bad and so told Muhammad (saws) what I did. The Prophet (saws) asked: "did he say laa ilaha illallah, and you killed him?" I said: "He said it, but only out of fear for my sword." He (saws) asked "did you check his heart to see if he believed it?" he kept on repeating that question until I wished that I was not Muslim yet until that day." [Sahih Muslim]
Imaam an-Nawawi repeated another narration where the Prophet (saws) continued: "(the Prophet (saws) said) …did you kill him?" I said: "yes" he said "what will you do about that laa ilaha illallah if it comes to you on the day of judgment?" I asked "ask forgiveness for me o Rasulullah." and every time he saw me after that he (saws) would ask me "what will you do if laa ilaaha illallah comes to you on the day of judgment?""
Usama bin Zaid was dispraised by Muhammad (saws) strongly because he judged someone's intention i.e. what is inside his heart, though his APPARENT i.e. his sayings and actions was showing Islam.

Furthermore, Al Mikhdaad ibn Aswad asked: "If I found someone who came to me and he fought me, and he cut off my hand, then he went to a tree and I overpower him, and he said 'laa ilaaha illallah,' shouldn't I kill him?" the Prophet (saws) said: "do not kill him, if you kill him, he will take your place, before you killed him. And you will become in his position before you came to fight him." [Sharh Muslim - V-2 P -106]

It is agreed that anyone who says laa ilaaha illallah even in the battlefield, we cannot fight him. Imaam an-Nawawi said: "Imam Shaafi' and Imam Malik said, the hadith means, "his life has sanctity after he says "laa ilaaha illallah" the way your situation before you killed him, and your life after you have killed him, has no sanctity the way he was before he testified that there is no god but Allah."
This is because what is apparent from him is Islam, not kuffr - so we cannot dig into his heart, to see if he is lying or telling the truth. Instead we must judge according to his sayings and his actions. In the same way on someones kuffr, if they are committing clear cut kuffr or shirk like the rulers who rule by kuffr law and ally with the kuffaar against Muslims, we do not dig to what is in their hearts, we do not say that maybe in their hearts is Imaan - we judge the apparent, we judge them to be apostates !

Abu Sa'eed Al Khidri narrated: "A man came to Muhammad (saws), with squinted eyes, with large jaws, with a big forehead and a huge beard, a completely shaven head, with a very high izaar, and he shouted at the Prophet (saws) "Fear Allah!" and he (saws) replied: "dare you, am I not the most god fearing man? Allah trusts me from the seventh heaven, and you do not trust me?" Khalid bin Waleed was there at that time, he said "shouldn't I strike his neck?" he (saws) said, "No, because he prays." Khalid said: "how many pray on their tongue, what is not in their heart?" the Prophet (saws) said: "Allah did not order me to open their chest to judge on what is in the heart. From this man will be descendants who recite Qur'an so beautifully, but it will not reach their throat, they will leave the deen like the arrow from the bow, and if I meet them, I will kill them like the people of Thamud were killed." [Sahih Muslim]
This man was Dhul Khuwaisirah Al Tamimie, The Prophet (saws) knows that he is khawarij, and that from his children will be khawarij, and that he conceals kufr, but he judged his Imaan on his sayings and his actions, not from what was in his heart. Imam Ali killed thousands from the khawarij, but only after they made takfeer upon and killed one Sahabi - Abdullah ibn Khabbab. He did not judge their hearts, rather he judged them when they committed actions and made takfeer on them when they did, despite that they do believe and testify that "laa ilaaha illallah".
Khalid bin Waleed learnt from this that he should not judge someone by intention, but rather by his actions. This helped him in the time of Musailamah al-kazab, who used to claim to be the brother of Muhammad and another messenger. Musailamah even used to try to make ayaat, similar to the Qur'an. However even his own followers told him that it is better to repeat the Ayaat of Muhammad, and that they will accept it from him, because his own verses were so obviously defective.

Today we find ourselves in a very strange situation, we are all surrounded by kuffr and shirk, and we find false prophets and false gods all around us, calling for Democracy, for freedom, for capitalism. We find many people who claim that the 'western values' are 'human values', and that the whole world must embrace them even at the cost of Islam. we find rulers who do not rule by Islam, but by kuffr law - i.e. we find many Taghout like Musailamah. If we are silent against these tawagheet, accepting to live under them without to say a word to condemn them, without to stand with the Muslims against them. Without a doubt we must protect ourselves from this kuffr and forbid this munkar - the greatest of all munkars - i.e. Al-Shirk.

Further evidence that we judge by what is apparent comes from the hadith, narrated by Nu'aim. He said: "We were with the Prophet (saws), and a man came. They said he was a kaafir and conspired to take his money, the Prophet (saws) said: "didn't he say 'laa ilaha illallah?" they said: "yes, but only out of fear from the sword." The Prophet (saws) said: "do not kill him, I have been ordered to fight people until they say laa ilaha illallah, after that there life and wealth is protected." They said, "O Messenger, he feared our sword." The Prophet (saws) said: "I have been ordered to judge the apparent." [Sunan an-Nisaa'i]

On this Hadith, Sufyan Al Thawri said: "This is so clear, that the pillars (the sayings and actions) are for people to see and hear (i.e. they are apparent)."

The Prophet (saw) said: "Whoever prays like us and faces our Qibla and eats our slaughtered animals is a Muslim and is under Allah's and His Apostle's protection..." [Al-Bukhari]

So whosoever has apparent actions that are Islamic actions, he is a Muslim. We do not dig further into his heart for his intention - what is apparent is enough for us.

Ali ibn Abi Talib narrated: "Two slaves left on the day of hudaibiyah, from Makkah to Muhammad (saws), they said to Muhammad (saws): "There are two slaves who make hijrah to you, not for your sake, but only to be freed from slavery." Muhammad (saws) angrily said: "you people of Quraish never stop misbehaving until Allah will send over you someone who will strike your neck because of this. I will never send them back, they are people whom Allah freed." [Abu Dawood]

Abdullah ibn Utbah ibn Mas'oud said: "I heard Umar ibn Khattab say, "There were some people excused by the wahi in the time of rasulullah, but now the wahi has stopped. now we account you by what you do that is apparent. And whoever shows us any corruption, we will never believe him nor trust him even if your intention was good." [Al-Bukhari]
This saying was regarding Haatib ibn Abi Balta'a. Haatib was the one who had signaled to the Quraish that the army of Prophet (saws) was coming to Makkah, Muhammad (saws) asked him about it, and he did not deny it. Umar ibn Khattab said: "Let me kill this kaafir."
Allah revealed to Muhammad (saws) that he did not commit Muwalaat Al Kubra, but that he committed Muwalaat Al Sughra i.e. kuffr duna kuffr. But also Haatib had special circumstances - he was a man who had fought, and he was from amongst the people of Badr, and was praised to the highest level by Muhammad (saws) in Badr, and he was from Al Sabiqun al Awwalun - i.e. Sahabi Akbar. He was a man who had family in Makkah - and it was to protect them that he did what he did. He did not commit Muwalaat out of kuffr to fight with kuffaar against Muslims.
Despite this, Muhammad (saws) did NOT condemn Umar for making Takfeer, nor defend Haatib from Umar's Takfeer, rather he just said: "I have been informed that Haatib did not say it out of Muwalaat."
This understanding of Umar ibn Khattab is clear, and is binding on us. Allah praised the companions of Prophet (saws) to the highest level, and he declared them to be believers. Their understanding of the Qur'an and Sunnah is binding on us, and it is hujjah for us on the day of judgment. Umar ibn Khattab explained here that Haatib ibn Balta'ah was excused by the Wahi, while everyone after that is judged by what is apparent, as kaafir if they show us kuffr, and Muslim if they show us Islam. Furthermore, Muhammad (saws) consented to the takfeer of Umar ibn Khattab here, and only excused Haatib because Allah made excuse for him via the Wahi, however the Wahi stopped after Muhammad (saws). Furthermore, this is specific to Haatib, this is why in Islam, the judge does not ask for a motive as evidence, because the motive is what is inner not what is apparent, he will ask for a confession or for witnesses who saw the action.

The Tatarians used to say, laa ilaaha illallah, and pray, and give zakaah. Yet because they referred to the Qur'an and alongside that other scriptures and they followed the books of their leaders, fatawa were given to kill them even if they were praying in the masjid.

Furthermore, Al-Abbas ibn Abdul Muttalib was the one who went with the Messenger (saws) even while he was still Mushrik. He warned the Aws and Khazraj to protect Muhammad (saws) and later he embraced Islam in Makkah and would report to Prophet (saws) about the Quraish, however in Badr he was captured by the Muslims amongst the army of Quraish. The Prophet (saws) said to him, "Why don't you ransom yourself? and ransom Uqayl ibn Abu Talib, and free Nawfal and Utbah bin Amru from your alliance" he (Abbas) said: "I am Muslim" the Prophet (saws) said: "Allah knows about your Islam, we found you among the army of Quraish" he said: "The people put ikrah on me." The Prophet (saws) said, "What is apparent is that you were fighting against us." [The Sealed Nectar, by Mubarakpuri]

Al-Abbas was not from among the weak in Makkah that Allah made excuse for in the Qur'an. He was strong and even fought on a camel in Badr. Muhammad (saws) gave him no excuse, he was not interested in his intention for joining the army, rather he judged him on the kuffr action that they found him on even though he professed his Islam and declared the Shahadah.

The 'Ullemah on Judging the Apparent:

Imaam Abu Izz Al Hanafi said: "We have been ordered to judge by the apparent, and Allah forbade us to doubt people, and to follow what we do not have knowledge, (Allah said:) "O Believers, avoid the doubt … [49:12] & [17:36]" [Aqeedah Tahaqiyyah]

In the Fiqh, it is asked, "What is the hukm to pray behind someone that you don't know if he is kaafir or not." - All the ulemah agree that the one who does not pray behind someone just because they do not know him - he is kaafir. And it is well known, that the one who refuses to pray behind someone until he knows and confirms about his aqeedah, is a deviant.

Imaam Shafi'I said: "The one who says, 'I do not pray jumu'a behind an imam, until I know his aqeedah in Batin (what is hidden in his heart)', he is a man who has deviated from the companions of Muhammad (saws)." [Kitab ul-Umm]

Shaykhil Islam ibn Taymiyyah said: "It is not a condition to pray behind anybody, to know his belief, nor to test him and he asks him 'what do you believe in?' Rather he is obliged to pray behind him without to know about his aqeedah, and the one who says 'I don't pray behind a man without to know his aqeedah' he is jahil, and no alim ever said so before."

If say there is an odd individual and both kuffr and traces of Imaan are apparent- what do we call him?

If there is Imaan and kuffr, the kuffr overrides and takes over, so we call him kaafir. Without a doubt what is apparent from many from the Muslim Ummah - is many kuffr sayings and kuffr actions, many people claim Islam to be 'out of date' or 'backwards', these kinds of kuffr sayings are unacceptable and are declarations of the kuffr in their hearts. Similarly we find that those who currently rule the Muslim lands throughout the world, rule not by Islam but by kuffr laws, whether it be Democracy, Capitalism, Communism, or simply the desires of a dictatorship, and Allah said: "Whosoever rules by other than what Allah revealed, they are the Kafiroon." [5:44]

We cannot excuse this shirk in Allah, Allah said: "The right of legislation is for none but Allah." [12:40] so to associate with Allah some other ruler in his legislation is evidence enough of their shirk and riddah (apostasy). Whether they say 'laa ilaha illallah' or not, whether they pray five times a day or not, or whether they fast in Ramadaan or not, they are murtad kaafir - because we do not look to what is in their hearts, we judge only what is apparent from their sayings and actions. So we judge the kuffr actions of the taghout rulers to be in accordance to their kuffr intentions, not to claim that they commit kuffr with a good Islamic intention - this is both ridiculous and contradictory to the Shari'ah.

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